Saryu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10013 of 2018 Arising Out of PS. Case No.-339 Year-2017 Thana- JHAJHA District- Jamui ======================================================

1. Saryu Yadav, S/o Mauji Yadav,

2. Jitendra Yadav S/o Saryu Yadav,

3. Deenbandhu Yadav S/o Anandi Yadav, All R/o Village- Pataw, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourendra Pandey For the Opposite Party/s :

Mr. SHAILENDRA KUMAR -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jhajha P.S. Case No. 339 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

The case of the prosecution is regarding the accused persons including the petitioners herein resorting to firing and assaulting the prosecution side. The main allegation is said to be against one Anandi Yadav of causing injury on the person of the informant.

The learned counsel for the petitioners submits that as far

Patna High Court Cr.Misc. No.10013 of 2018(2) dt.20-02-2018 2/2 as the petitioner no. 1 is concerned, there is no specific allegation of any overt act. However, as far as the petitioners no. 2 and 3 are concerned, it is said that they had fired, however, the informant had ducked resulting the bullet missing the informant. The learned counsel submits that as far as the petitioners herein are concerned, there is no allegation of them causing any injury on the prosecution side.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Jhajha P.S. Case No. 339 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T