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Patna High CourtCR. MISC./50962/2019bail granted

Raghu Nath Yadav v. The State Of Bihar

2019-11-16Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50962 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- HALSI District- Lakhisarai ====================================================== 1.

RAGHU NATH YADAV Son of Ram Bhajju Yadav Resident of Village - Gerua, Pursunda, P.S.- Halsi, Distt - Jamui.

2.

Ram Chandra Yadav Son of Ram Bhajju Yadav Resident of Village - Gerua, Pursunda, P.S.- Halsi, Distt - Jamui.

3.

Chhote lal Yadav Son of Ram Bhajju Yadav Resident of Village - Gerua, Pursunda, P.S.- Halsi, Distt - Jamui.

4.

Ramprit Yadav @ Ram briksh yadav Son of Ram Bhajju Yadav Resident of Village - Gerua, Pursunda, P.S.- Halsi, Distt - Jamui. 5.

Ramashish Yadav Son of Ram Bhajju Yadav Resident of Village - Gerua, Pursunda, P.S.- Halsi, Distt - Jamui.

6.

Subodh Kumar Son of Ramprit Yadav @ Rambrichh Yadav Resident of Village - Gerua, Pursunda, P.S.- Halsi, Distt - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 323, 379, 504 and 506/34 of the Indian Penal Code.

Petitioners are said to have intruded into the house

Patna High Court CR. MISC. No.50962 of 2019(3) dt.16-11-2019 2/3 of the informant armed with weapons and started assaulting sons of the informant. When the informant and her daughter-inlaw rushed in their rescue, they also assaulted them. They snatched her golden chain and looted away Rs. 2 lacs breaking open the box. They also resorted firing.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. As a matter of fact, petitioner Ram Chandra Yadav has lodged Halsi P.S. Case No. 1 of 2019 against the informant and others preceding to the case under hand and in order to save skin from the said case, informant has lodged this false and frivolous case against the petitioners. Victims have sustained superficial injuries. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Parties to the case have compromised the matter. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 C.J.M., Lakhisarai

Patna High Court CR. MISC. No.50962 of 2019(3) dt.16-11-2019 3/3 in connection with Halsi P.S. Case No. 02 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Mantreshwar/- U T