Patna High CourtCR. MISC./7538/2015bail granted

Rabindra Yadav And ANR v. The State Of Bihar

2015-02-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7538 of 2015 (2) dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7538 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Rabindra Yadav Son of Sangam Yadav

2. Birendra Narayan Jha @ Birendra Jha Son of Late Ram Anugrah Jha .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bahadurpur (Pator O.P.) P.S. Case No. 294 of 2014 registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The accusation against the petitioners is that they along with others assaulted the informant's uncle and others by means of farsa but submission on behalf of the petitioners is that the alleged occurrence is said to have taken place on 03.09.2014 whereas first information report was lodged on 08.09.2014 and much prior to institution of the aforesaid case, Bahadurpur P.S. Case No. 293 of 2014 was lodged by the petitioner no. 1 against

Patna High Court Cr.Misc. No.7538 of 2015 (2) dt.26-02-2015 the prosecution party for the occurrence of the same day and as a matter of fact, on the alleged date of occurrence, it was prosecution party who badly assaulted the petitioners and others. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Chief Judicial Magistrate, Darbhanga in Bahadurpur (Pator O.P.) P.S. Case No. 294 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T