Balmiki Yadav @ Balmiki And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41576 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -MASAURHI District- PATNA ======================================================
1. Balmiki Yadav @ Balmiki, Son of Late Ram Pravesh Yadav, Resident of Village- Gelha Bigha, P.S.- Mashouri, District- Patna.
2. Surendra Kahar @ Surendra, Son of Late Rajkumar Kahar, Resident of Village- Dariyapur, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Rai, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Masaurhi P.S. Case No.99 of 2015 for allegedly having committed the offences under Sections 364, 302, 201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that though the petitioners have not been named in the F.I.R., yet on the confessional statement made before the police by one Vinod Kumar, which has no evidentiary value, names of the petitioners have surfaced in connection with the present case. It is further submitted that said Vinod Kumar has now been
Patna High Court Cr.Misc. No.41576 of 2016 (2) dt.25-10-2016 2/2 extended the privilege of regular bail in Cr.Misc. No.27323 of 2015, vide order dated 07.10.2015.
Having heard learned counsel for the petitioners and considering the fact that similarly situated co-accused Sarwesh Yadav has been extended the privilege of anticipatory bail in Cr.Misc. No.27093 of 2015, vide order dated 24.09.2015 and also one Wakil Yadav has been granted anticipatory bail in Cr.Misc. No.54259 of 2015, vide order dated 01.12.2015 and the petitioners being similarly situated, let both the petitioners, above named, in the event of their 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 released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court of S.D.J.M., Masaurhi, District-Patna, in connection with Masaurhi P.S. Case No.99 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T