Braj Kishore Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45143 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -CHANAN District- LAKHISARAI ======================================================
1. Braj Kishore Yadav
2. Sanjay Yadav
3. Ajablal Yadav All sons of Phuleshwar Yadav, Resident of Village Jankidih, P.S.- Chanan, Distt- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narsingh Tanti, Advocate For the Opposite Party/s : Mr. T.P.Mandal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 337, 307, 504, 376/511 of the Indian Penal Code and 27 of the Arms Act. It is specifically alleged that co-accused Ranjeet Yadav and Lakhan Yadav fired on the informant, when the other accused persons assaulted others with bricks and
Patna High Court Cr.Misc. No.45143 of 2015 (2) dt.16-10-2015 stones. When the wife of the informant came to rescue, then co-accused Amol Modi and petitioner no. 1 made an attempt to ravish her.
It is submitted by the learned counsel for the petitioners that accusation of firing is not against the petitioners and there is counter version of the occurrence. Accusation has been levelled in the background of pending Title Suit. The injury of the informant has been found to be simple, though caused by fire arm.
Considering the fact that specific accusation is against petitioner no. 1, let the learned court below consider the prayer for regular bail of the above named petitioner no. 1, if he surrenders before the learned court below within a period of six weeks from today in connection with Chanan P.S. Case No. 84 of 2014, pending in the court of learned Additional Chief Judicial Magistrate, Lakhisarai.
So far as petitioner nos. 2 and 3 are concerned, since there is no specific accusation against them and statement being made in para-3 of the petition that petitioners have no criminal antecedent, let the above named petitioner nos. 2 and 3 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.45143 of 2015 (2) dt.16-10-2015 Lakhisarai in connection with Chanan P.S. Case No. 84 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T