Bijendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29786 of 2018 Arising Out of PS.Case No. -63 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Bijendra Yadav, Son of Yogendra Yadav,

2. Amrendra Yadav, Son of Late Maheshwar Yadav,

3. Bhusan Yadav, Son of Amrendra Yadav,

4. Arun Yadav, Son of Yogendra Yadav, All resident of Village- Chikni Phulkar, P.S.- Gamhariya, DistrictMadhepura. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Gamhariya P. S. Case No. 63 of 2014 registered under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code was added.

Considering the submissions that the petitioners were not named in the FIR nor their name transpired during investigation nor in the police report submitted under Section

Patna High Court Cr.Misc. No.29786 of 2018 (2) dt.17-05-2018 2/2 173(2) of the CrPC and for the first time, they have been summoned during trial as additional accused in exercise of powers conferred under Section 319 of the CrPC, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge, Madhepura in Gamhariya P. S. Case No. 63 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T