Pawan Kumar @ Sharwan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39303 of 2014 Arising Out of PS.Case No. -79 Year- 2014 Thana -NARHAT District- NAWADA ======================================================
1. Pawan Kumar @ Sharwan Yadav, son of Sri Narayan Yadav
2. Sanjay Kumar @ Mohan Yadav @ Sanjay Kumar, son of Sri Narayan Yadav
3. Ajay Kumar @ Ajay Kumar Yadav @ Bhagat Jee, son of Sri Narayan Yadav
4. Mukesh Kumar @ Mukesh Yadav, son of Pawan Kumar, all are residents of village Taropur, P.S. Narhat, district Nawadah .... Petitioners
Versus
The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party : Mr. Ram Shankar Das (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-04-2015 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for offence under Sections 447, 341, 323, 506, 504 and 34 of the Penal Code and 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The allegation is that the petitioners came at about 09.30 P.M. at the darwaza of Laxman Rajvanshi and abuses by calling the caste name and, thereafter, fired five rounds. The learned counsel for the petitioners submits that though there is allegation of abuse and firing, but, no injury has been alleged and, further, it is case of case and counter case as Narayan Prasad Yadav, the father of petitioners 1 to 3, has filed a case of theft and in
Patna High Court Cr.Misc. No.39303 of 2014 (3) dt.24-04-2015 retaliation of that case, this case has been filed. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with the Narhat P.S. Case No. 79 of 2014 to the satisfaction of the Chief Judicial Magistrate, Nawadah, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
(Gopal Prasad, J) SA/- U √ T √