Kashi Yadav @ Kashi Pd. Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41054 of 2016 Arising Out of PS.Case No. -52 Year- 2004 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Kashi Yadav @ Kashi Pd. Yadav son of Late Anant Yadav

2. Dinesh Yadav @ Dinesh Pd. Yadav son of Kushum Lal Yadav

3. Tej Narayan Yadav son of Mouji Lal Yadav All are residents of Village- Barhara, Police Station- Narpatganj, DistrictAraria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Narpatganj Police Station Case No. 52 of 2004, disclosing offences under Sections 147, 148, 149, 504, 379, 307, 353 of the Indian Penal Code, Section 27 of the Arms Act, 1959, and Sections 33/41 of the Indian Forest Act. Learned Counsel for the petitioners has submitted that altogether 18 persons have been named in the First Information Report and the Police, upon completion of investigation, submitted charge sheet against 6 (six) persons. So far as others are concerned, including these petitioners, no charge sheet has been submitted. Learned Court below, however, has taken cognizance of the offence alleged and issue summonses to these petitioners

Patna High Court Cr.Misc. No.41054 of 2016 (2) dt.28-09-2016 2/2 also, which has necessitated them to approach this Court for grant of anticipatory bail.

Considering the submission, as above, this application is allowed.

Let the petitioners, namely, Kashi Yadav @ Kashi Prasad Yadav, Dinesh Yadav @ Dinesh Prasad Yadav and Tej Narayan Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Kumar Manu, learned Judicial Magistrate, 1st Class, Araria, in connection with Narpatganj Police Station Case No. 52 of 2004, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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.) Prabhakar Anand/-c U √ T √