Pramod Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57752 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- MANSI District- Khagaria ======================================================
1. Pramod Yadav,
2. Subodh Yadav, Both Sons of Kishundeo Yadav, Resident of Village- Khutya, P.S. Mansi, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Najmul Hodda For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 354, 341, 323, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in short, is that while the sister of the informant was going to market for purchasing vegetables co-accused teased her and when informant asked about the same, the accused persons came to his house and assaulted him. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is a case and counter case between the
Patna High Court Cr.Misc. No.57752 of 2018(2) dt.09-10-2018 2/2 parties. No one is said to have been injured in course of occurrence. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 123 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T