Ramjee Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48520 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================
1. Ramjee Yadav, son of Late Bijeshwar Yadav,
2. Laxman Yadav, son of Late Bijeshwar Yadav,
3. Baliram Yadav, son of Late Bijeshwar Yadav,
4. Nanhe Yadav, son of Baliram Yadav,
5. Upendra Yadav, son of Late Siva Yadav,
6. Ganeshi Yadav, son of Sidheshwar Yadav, All are resident of village- Makhdumpur Ahara, P.S.- Kako, District- Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Kako P.S.Case No. 46 of 2017 registered under Sections 147, 148, 341, 323, 324, 307 and 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that petitioner no.6 Ganeshi Yadav has already been arrested during the pendency of the present application.
Patna High Court Cr.Misc. No.48520 of 2017 (2) dt.18-10-2017 2/3 In that view of the matter, the application filed on behalf of Ganeshi Yadav under Section 438 of the Code of Criminal Procedure is dismissed as infructuous.
As far as the other petitioners are concerned, it is submitted that there is a case and counter case between the parties in respect of the alleged occurrence which took place on 13.03.2017. The members of the prosecution party are also alleged to have caused injuries to several persons and five of them have already been granted anticipatory bail by the court below. It is also submitted that co-accused Fonu Yadav having more or less identical allegation has already been granted bail by a Bench of this Court vide order dated 02.10.2017 passed in Cr. Misc. No.45753 of 2017.
Learned counsel for the State opposed the prayer for grant of anticipatory bail to the petitioners. Having regard to materials on record and the submissions advanced before the Court, the petitioners, namely, Ramjee Yadav, Laxman Yadav, Baliram Yadav, Nanhe Yadav and Upendra Yadav are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-IV, Jehanabad in connection with Kako P.S. Case No.46 of 2017,
Patna High Court Cr.Misc. No.48520 of 2017 (2) dt.18-10-2017 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J) Md.S./- U T