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Patna High CourtCR. MISC./73892/2018allowed

Dinesh Yadav And ORS v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73892 of 2018 Arising Out of PS. Case No.-266 Year-2017 Thana- FATUA District- Patna ======================================================

1. Dinesh Yadav

2. Akhilesh Yadav

3. Pairu Yadav

4. Kara Yadav All S/o of Sita Yadav Resident of Village- Hajipur, P.S. Fatwah, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Mishra For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Fatuha P.S. Case No. 266 of 2017 for the offence under sections 147, 148, 149 and 307 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

Referring to prosecution case he submits that the case was registered at the instance of Choukidar. He further submits that the firing in the village took place on account of previous dispute between Sakaldeep Yadav

Patna High Court Cr.Misc. No.73892 of 2018(2) dt.18-12-2018 2/2 and Dinesh Yadav.

From the FIR, it appears that there is no specific overt act against these petitioners.

Considering the aforesaid, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Smt. Savita Rani, 1st Class Judicial Magistrate, Patna City, in connection with Fathuha P.S. Case No. 266/17 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T