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Patna High CourtCR. MISC./54114/2016bail granted

Shiv Pujan Yadav And ORS v. The State Of Bihar

2016-12-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54114 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -TANDWA District- AURANGABAD ======================================================

1. Shiv Pujan Yadav, son of Kailash Yadav

2. Deo Pujan Yadav, son of Kailash Yadav

3. Nitish Kumar, son of Janeshwar Malakar

4. Rakesh Kumar, son of Surendra Singh

5. Bajrangi Sharma, son of Bishwanath Sharma

6. Vicky Kumar, son of Manoj Yadav

7. Vivek Kumar, son of Uday Singh

8. Mantosh Kumar, son of Banke Bihari

9. Anuj Chaudhary @ Manuj Chaudhary, son of Late Ratan Chaudhary

10. Suryadeo Saw @ Suryapat Saw, son of Maderan Saw

11. Sanjay Sinha, son of Babulal Sinha

12. Babu Kumar, son of Bharat Singh All are residents of Village - Kalapahar Tendua, P.S. - Tandwa, District - Aurangabad. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bhanu Pratap Singh, Advocate For the Opposite Party : Mr. Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Tandwa P.S. Case No. 54 of 2016, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 337, 338 of the Indian Penal Code.

Allegedly, the petitioners being armed attacked upon the informant and assaulted him with lathi, danda, resulting he

Patna High Court Cr.Misc. No.54114 of 2016 (2) dt.21-12-2016 2/2 became injured and when the villagers came for rescue Shrwan Kumar, Dilip Kumar and Srikant Kumar were assaulted with lathi, danda and some other villagers were throwing bricks and stone. Submission is of false implication and that this case is counter blast of Tandwa P.S. Case No. 53 of 2016 which was lodged by Binay Singh against the family members of the informant. The injury caused to the informant and others are simple in nature and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned A.C.J.M.-VII, Aurangabad, in connection with Tandwa P.S. Case No. 54 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T