Patna High CourtCR. MISC./49476/2016bail granted

Nathuni Yadav And ANR v. The State Of Bihar

2016-12-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49476 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Nathuni Yadav son of Late Jagat Yadav

2. Ram Sevak Yadav son of Late Palat Yadav Both resident of VillageKarwa, Police Station- Kamtaul, District- Darbhanga .... Petitioners

Versus

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

For the Petitioners : Mr. Rajendra Prasad Singh, Sr. Adv. with Mrs. Pushpa Sinha, Adv.

For the Opposite Party : Smt. Renu Kumari, APP 160 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Prayer for making correction in the order, dated 09.12.2016, to the extent that the provisions of the Indian Penal Code may be corrected as per paragraph 1 of the bail petition is allowed.

The Sections mentioned in paragraph 2 of the order, dated 09.12.2016, be read as "Sections 147, 148, 149, 323, 325, 307 and 302 of the Indian Penal Code" in place of Sections 307, 120B, 333 and 295A of the Indian Penal Code.

Paragraphs 3 and 4 of the said order be read as follows :

It has been submitted on behalf of the petitioners that mob of 18 persons were pelting stones. At the same time the informant was passing by. The informant also sustained injury at the hands of the mob. There is allegation of commission of snatching of rupees five hundred from the pocket of the informant. The record reveals that some other persons also sustained

Patna High Court Cr.Misc. No.49476 of 2016 (3) dt.20-12-2016 injury during the course of pelting stones and one Md. Sanjoor died by sustaining injury at the hands of the mob.

Submission is that there is no specific allegation against the petitioners.

Today, i.e., 20.12.2016, it has been informed that petitioner no. 2, Ram Sevak Yadav, has already been arrested in this case, hence, his prayer for anticipatory bail is infructuous. Considering the fact, petitioner no. 1, Nathuni Yadav, is directed to be released on anticipatory bail on the terms and conditions mentioned in the order, dated 09.12.2016. The order, dated 09.12.2016, is modified to the extent indicated above.

(Birendra Kumar, J) SA/- U √ T √