Jay Chand Yadav @ Jay Chandra Yadav And Others v. The State Of Bihar

Patna High Court Cr.Misc. No.42294 of 2014 (2) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42294 of 2014 Arising Out of PS.Case No. -68 Year- 2013 Thana -RUPAULI District- PURNIA ======================================================

1. Jayu Chand Yadav @ Jay Chandray Yadva Son Jhakasu Yadav Resident of Village - Mainee, Police Station - Rupauli, Distt - Patan

2. Amit Yadav Son of Niranjan Yadav

3. Niranjan Yadav Son of Late Kamaleshari Yadav

4. Balveer Yadav @ Balveer Kumar Yadav Son of Niranjan Yadav 2 to 4 All Resident of Village Bishpuria, Police Station - Kharik, Distt - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Anal For the Opposite Party/s : Mr. Satyendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 147,148, 149,323,324,307, 380,504,448,406 of the Indian Penal Code. Drawing my attention to the allegation as contained in the First Information Report, learned counsel for the petitioners submits that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegations contained therein as the accused persons are said to have assaulted the informant with the butt of the rifle and revolver. He submits that the case

Patna High Court Cr.Misc. No.42294 of 2014 (2) dt.16-04-2015 has maliciously been instituted because of the dispute between the parties for business in Banana plantation. He submits that the allegation as contained in the First Information Report is absolutely false.

Be that as it may, in the facts and circumstances of the case, since the petitioners are alleged to have assaulted the informant with the butt of rifle and in view of the statement made in paragraph 3 of the petitioner that the petitioners have no criminal antecedent, let 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 learned Chief Judicial Magistrate, Purnea in Rupauli P.S. case No. 68 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) ArunKumar/- U