Patna High CourtCR. MISC./7514/2016bail granted

Guddu Chaudhary And ORS v. The State Of Bihar

2016-03-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7514 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Guddu Chaudhary Son of Rajendra Chaudhary Resident of villageManpur, Police Station -Giriyak, District Nalanda.

2. Dinesh Yadav Son of Hari Yadav Resident of Village- Pokharpur, P.s Mufassil District Nawada.

3. Kishori Yadav son of Jagan yadav resident of village-majhanpura<, P.s Mufassi, district Nawada.

4. Sato Yadav son of Prayag Yadav Resident of Village- Hasanpura, P.s Giriyak, Distt Nalanda. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Giriyak P.S. Case No. 318/2015, disclosing offences under sections 147, 148, 149, 323, 324, 307, 224, 225, 353, 333, 337, 504, 506, 379 and 511 of the Indian penal Code. It is alleged that the petitioners and other co-accused persons caused obstruction in discharge of official duty of the informant, who at the relevant point of time was posted as SubInspector of Police of Giriyak Police Station. Learned counsel for the petitioners submits that there is no

Patna High Court Cr.Misc. No.7514 of 2016 (2) dt.16-03-2016 specific allegation against the petitioners and a similarly circumstanced co-accused person has been granted anticipatory bail by this Court vide order dated 12.2.2016 passed in Cr.Misc.No. 7221/2016. He further submits that the main allegation is against Ram Saran Yadav.

Considering the submission that similarly situated coaccused person, Sujeet Kumar, has been granted anticipatory bail by this Court, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif in Giriyak P.S.Case No. 318/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U