Surya Narayan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41969 of 2015 Arising Out of PS.Case No. -250 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Surya Narayan Yadav S/o Kanhiya Prasad yadav

2. Rahul Kumar S/o Surya Narayan Yadav Both are resident of VillagePithai, Police Station Madhepura ,District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,342,323,385 and 307 of the Indian Penal Code. The prosecution case is that the petitioner no. 2 Rahul called the informant through mobile, tied his hands and legs and assaulted with rope causing injury on the head. It is also alleged that petitioner no. 2 demanded extortion of rupees one lac. The petitioner no. 1 is alleged to have assisted Rahul in committing the offence.

It is submitted by the learned counsel for the petitioners that there is case lodged by the petitioners side against the

Patna High Court Cr.Misc. No.41969 of 2015 (2) dt.13-10-2015 2/2 informant and injury has been caused to the petitioners side also. Considering the thrust of accusation against petitioner no. 2 Rahul Kumar, this court is not inclined to grant anticipatory bail to him. Let the learned court below consider the prayer for regular bail of the petitioner no. 2 in case he surrenders within six weeks from today in connection with Madhepura P.S. Case No. 250 of 2015 pending in the court of learned C.J.M. Madhepura. So far as petitioner no. 1 is concerned, since he has no criminal antecedent as stated in paragraph 3 of the petition and the accusation is not specific against him, let the above named petitioner no.

1 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura in connection with the abovementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T