Barhan Yadav @ Vinay Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39619 of 2015 Arising out of PS.Case No. -144 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Barhan Yadav @ Vinay Yadav.
2. Kanhaiya Yadav. Both S/o Late Karu Yadav.
3. Tantan Yadav, S/o Birji Yadav.
4. Bijendra Yadav, S/o Late Hari Narayan Yadav.
5. Anesh Yadav, S/o Late Hari Narayan Yadav.
6. Ram Bhagavan Yadav, S/o Bijendra Yadav. All are Resident of Village Nakatpura, Police Statiion Bihar, District Nalanda. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rabindra Prasad Singh, Advocate. For the Opposite Party : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Bihar P.S. Case No. 144 of 2015 for the offences instituted under Sections 147, 148, 149, 427, 504 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that on 03.04.2015, at about 12 noon, the aforesaid accused petitioners armed with pistol, Lathi-Danda came abusing and they started firing. The informant and others fled away to save their lives and thereafter they set fire
Patna High Court Cr.Misc. No.39619 of 2015 (2) dt.28-09-2015 2/2 in the wheat crops as a result of which 13 Katha wheat crops burnt into ashes. Seeing the fire, villagers rushed and then the fire was controlled and the accused persons fled away making fire. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter-case. It is further submitted that the petitioners have falsely been implicated in the present case. The case of the petitioners was instituted earlier to institution of the present case. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Bihar P.S. Case No. 144/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharshariff, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T