Chulhai Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24443 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- AMARPUR District- Banka

1. Chulhai Yadav S/o late Babulal Yadav

2. Parmanand Yadav @ Fantush Yadav, S/o Chulhai Yadav

3. Ramanand Yadav @ Sintu Yadav S/o Chulhai Yadav

4. Parshuram Yadav @ Parshuram Kr. Yadav @ Tinku Yadav, S/o Chulhai Yadav, All R/o village Dhodhara, Janakpur Police Station Amarpur, Dist. Bank ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioners, learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Amarpur P.S. case 35/2018 instituted for the offence under Section(s) 341, 323,506 and 379/34 of the Indian Penal Code.

In the written report it is alleged that on 28.1.2018 both the petitioners assaulted the mother of informant by calling her Daain. It is also alleged that accused persons assaulted with khanti to the mother of the informant and also snatched her

Patna High Court Cr.Misc. No.24443 of 2018(3) dt.22-06-2018 2/3 silver chain. It is submitted that all the Sections barring Section 379 and Section 3⁄4 Prevention of Witch Practice Act are bailable. Petitioner has annexed the injury report of the mother of the informant which shows that injury no.3 is on the Right Ankle Joint which was opined by the doctor to be grievous in nature caused by hard and blunt substance. It is stated in para 3 of the bail petition that petitioners have clean antecedents. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Amarpur P. S. case no. 35 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M. Banka, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(3) if petitioners tamper with the evidence or the witnesses of

Patna High Court Cr.Misc. No.24443 of 2018(3) dt.22-06-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T