Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66991 of 2021 Arising Out of PS. Case No.-474 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Shambhu Yadav S/O Late Bhagelu Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

2.

Shankar Yadav S/O Late Bhagelu Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

3.

Sonelal Yadav @ Sonalal Yadav S/O Late Bhagelu Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran. 4.

Sunil Yadav S/O Sonelal Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

5.

Ramdulari Devi W/O Shambhu Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

6.

Rabri Devi W/O Shankar Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

7.

Sabitri Devi W/O Dinesh Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

8.

Rajesh Yadav Son Of Shambhu Yadav Resident Of Village- Bakulahara, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 427, 380/ 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and from bare perusal of the F.I.R., it would manifest that the date of occurrence is 07.06.2020 and the F.I.R. has been instituted on

Patna High Court CR. MISC. No.66991 of 2021(2) dt.20-07-2022 2/2 05.07.2020 i.e. after a delay of nearly 28 days without any plausible explanation. It is also submitted that the present F.I.R. has been instituted by way of after thought for implicating the entire family members.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that there is an inordinate delay in instituting the F.I.R., the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Majhaulia P. S. Case No.474 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T