Sanjiv Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52303 of 2017 Arising Out of PS. Case No.-35 Year-2017 Thana- PALI District- Jehanabad ======================================================
1. Sanjiv Kumar son of Yamuna Yadav
2. Ranjan Yadav son of Yamuna Yadav
3. Sanjay Yadav son of Yamuna Yadav
4. Yamuna Yadav son of Bilas Yadav
5. Jitu Yadav son of Budhu Yadav 6.Vinay Yadav son of Budhu Yadav All R/o village- Kisiyawan Sikariya, P.S.-Pali, District- Jehanabad ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath For the Opposite Party/s :
Mr. SRI SURENDRA PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Pali P. S. Case No. 35 of 2017 registered for the offences punishable under Sections 147, 148, 341, 323, 307, 504/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is case and counter case, the manner of occurrence as alleged in this case is not true version, as a matter of fact the petitioner no. 3 is electrician and he has gone to repair the wire as per the instruction of the Junior Engineer, thereafter, the prosecution party has assaulted him and others and for that petitioner no. 3
Patna High Court Cr.Misc. No.52303 of 2017(2) dt.09-11-2017 2/2 has lodged Pali P. S. Case No. 36 of 2017. The informant and others have received simple injury and as such the petitioners deserve sympathetic consideration.
Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that there is case and counter case and the injured have received simple injuries, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar, J. M. Ist Class, Jehanabad in connection with Pali P. S. Case No. 35 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T