Vikash Kumar @ Vikash Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14859 of 2016 Arising Out of PS.Case No. -776 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Vikash Kumar @ Vikash Yadav 2.
Rajeev Kumar @ Rajeev Kumar Yadav both are sons of Durga Prasad Yadav, resident of village-Murar pur Bagaut P. S. Turkauliya, District-East Champaran Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mrs. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Turkauliya P.S. Case No. 776 of 2015, disclosing offences under Sections 341,323,324,307,379,504/34 of the Indian Penal Code. The petitioners are full brothers. Their father Durga Prasad Yadav has also been made an accused. They are said to have snatched an amount of Rs. 20,000/- from the informant at the point of pistol. There are certain allegations of assault and opening of firing.
Learned counsel appearing on behalf of the petitioners has submitted that it is admitted from the First Information Report that
the informant and the accused persons are known to each other. According to him, as a matter of fact, they are next door neighbours. He has submitted that some dispute between the informant and the accused persons is the reason behind institution/lodging of the present First Information Report. From perusal of the First Information Report, I find substance in the submission advanced on behalf of the petitioners, though learned counsel for the informant has vehemently opposed the prayer for anticipatory bail.
Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in Turkauliya P.S. Case No. 776 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail
bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U