Rakesh Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.15678 of 2016 (2) dt.16-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15678 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================
1. Rakesh Yadav son of Siyaram Yadav resident of Village Vasilla P.S. Chandauli, District- Chandauli (U.P.)
2. Mritunjay Yadav son of Subhash Yadav resident of Village- Nasirpur Patta, P.S. Alinagar District- Chandauli (U.P.) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party : Mr. Ajay Kr. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Kudra P.S. Case No. 02 of 2016 for the offences instituted under Sections 395, 497 and 412 of the Indian Penal Code.
The allegation, in brief, is that highway dacoity was committed by the petitioners, in the dead night, and the vehicle by which they committed this offence was left and police recovered that vehicle.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The present case has
Patna High Court Cr.Misc. No.15678 of 2016 (2) dt.16-05-2016 been instituted due to mistake of fact. The petitioners and the informant both were moving on the road and due to an accident taking place, a false case was instituted against the petitioners. Subsequently, a compromise has also been arrived at between the parties. The compromise petition is Annexure-2 to the present application..
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kudra P.S. Case No. 02 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T