Birendra Yadav @ Brind Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51685 of 2015 ======================================================

1. Birendra Yadav @ Brind Yadav, son of Sri Kishore Yadav

2. Sudarshan Bind, son of late Subhag Bind Both resident of village-Chor-Lohrawa, P.S.-Chainpur, District-Kaimur (Bhabhua) .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chainpur P.S. Case No. 172 of 2015 registered under Sections 307 read with 34 of the Indian Penal Code & 27 of the Arms Act.

It is contended that though the petitioners are named in the FIR, no overt act is alleged against them. They have got no criminal antecedent and they have been implicated in the case simply because they happen to be friends of coaccused Kamlesh Yadav.

Patna High Court Cr.Misc. No.51685 of 2015 (2) dt.06-11-2015 2 / 2 Learned counsel for the State has opposed the application for grant of anticipatory bail to the petitioners. Regard being had to the fact that the allegation of open firing is confined only against co-accused Kamlesh Yadav, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhabua, Kaimur in connection with Chainpur P.S. Case No. 172 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T