Santosh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65954 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- KAJRA District- Lakhisarai ======================================================
1. Santosh Yadav Son of Vishwanath Yadav
2. Mantu Yadav Son of Chandradip Yadav
3. Chanchal Yadav Son of Krishn Yadav @ Krishna Yadav
4. Anil Saw Son of Late Jayant Kant Saw @ Jay Kant Saw All are of Resident of Village-Khaira,P.S. Kajra,Distt.-Lakhisharai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhakar Kumar For the Opposite Party/s :
Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Counsel for the petitioners is permitted to make necessary correction in paragraph 1 to the present application in course of the day.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 337, 348, 353, 333, 307, 504 of the Indian Penal Code.
The prosecution case, is short, is that on information that someone is died in village Khaira the informant reached the said village along with armed forces and started to examine the matter, then 70-80 people including the petitioners started to
Patna High Court Cr.Misc. No.65954 of 2018(2) dt.31-10-2018 2/3 protest the police and thrown stones and bricks to the police, on account of which the informant and other armed forces received injuries. ed 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. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act has been alleged against the petitioners. As per the allegation, the accused persons are said to have caused injury on the leg of the victim. Same is on non-vital part of the body. Hence, no offence under Section 307 of the I.P.C. is made out.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.
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) with two sureties of the like amount each to the satisfaction of Shri Kumar Prabhakar, Judicial Magistrate, 1st class, Lakhisarai in connection with
Patna High Court Cr.Misc. No.65954 of 2018(2) dt.31-10-2018 3/3 Kajra P.S. case No.35 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T