Ganga Ram Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35901 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Ganga Ram Yadav Son of Damodar Yadav

2. Amar Kumar Yadav Son of Maheshwar Yadav

3. Chandar Yadav Son of Mahavir Yadav

4. Narayan Yadav Son of Mahavir Yadav All are resident of Village- Amrit Nagar, Police Station- Jamalpur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the State : Mr. U.S.P. Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 354, 447, 506 and 504 of the Indian Penal Code. The prosecution case is that the accused persons including the petitioners came variously armed when Ratan Kumar assaulted with axe to the informant and when the mother of the informant came to rescue then petitioner no.2, Amar Kumar assaulted her with lathi.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners except petitioner no.2. There is counter version of the occurrence

Patna High Court Cr.Misc. No.35901 of 2016 (2) dt.06-09-2016 2/2 also and the case lodged by the petitioners' side is at earlier point of time. The specific accusation of assaulting with axe to the informant is against Ratan Kumar who is not the petitioner before this Court. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners except petitioner no.2 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Biraul (Benipur), Darbhanga in connection with Jamalpur P.S. Case No. 48 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below consider the prayer for regular bail of petitioner no.2 if he surrenders within a period of six weeks.

(Dinesh Kumar Singh, J) Amrendra/- U T