Sanjay Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47638 of 2016 Arising Out of PS.Case No. -174 Year- 2014 Thana -DULHIN BAZAR District- PATNA ======================================================
1. Sanjay Yadav , son of Udit Narayan Singh
2. Rocky Yadav @ Rauki yadav @ Sanjay Yadav son of Choubey Yadav
3. Birendra Yadav son of Late Mal Prasad Yadav
4. Deepak Yadav son of Triveni Yadav All resident of village Nawada P.S. Dulhin Bazar, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-11-2016 Heard Sri Binod Kumar Singh , learned counsel who was assisted by Sri Satyendra Prasad Singh , learned counsel for the petitioners and Sri Shantanu Kumar, learned Additional Public Prosecutor .
Four petitioners apprehending their arrest have prayed for grant of anticipatory bail in a case which was registered long back in the year 2014 vide Dulhin Bazar P.S. Case No. 174 of 2014 registered for offences under Sections 341, 323, 384, 504/34 of the Indian Penal Code and Section 27 of the Arms Act . It was submitted by learned counsel for the petitioners that informant of the present case was earlier accused in a case which was lodged from the petitioners' side in which subsequently the informant was granted bail and thereafter
Patna High Court Cr.Misc. No.47638 of 2016 (3) dt.23-11-2016 2/3 maliciously present F.I.R. was lodged as if petitioners had demanded Rangdari of Rs. 500000/- and threatened and also assaulted the informant as well as his driver of the tractor. He submits that it is a case of false implication and moreover according to learned counsel for the petitioners there is no specific accusation against either of the petitioners. Only there is general and omnibus allegation.
The court is of the opinion that submission regarding general and omnibus allegation is required to be examined while considering regular bail petition not while hearing anticipatory bail petition. Moreover in this case F.I.R. was lodged in the year 2014 . Normally this court was not inclined to extend the privilege of bail however keeping in view fact that petitioner no. 3 and 4 as stated in paragraph no. 3 of the petition are having clean antecedent and petitioner no. 1 and 2 are accused in other cases prayer for bail of petitioner no. 1 and 2 due to the reason that they are having criminal antecedent stands rejected However in view of peculiar facts and circumstances in the event of arrest or surrender within a period of six weeks from today, let the petitioner no. 3 an 4 Birendra Yadav , Deepak Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the
Patna High Court Cr.Misc. No.47638 of 2016 (3) dt.23-11-2016 3/3 like amount each to the satisfaction of Sri Raghawendra Narayan Singh, J.M. 1st Class, Danapur / concerned court in connection with Dulhin Bazar P.S. Case No. 174 of 2014 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure .
(Rakesh Kumar, J) Praful/- U T