Manohar Yadav @ Manohar Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48234 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -NTPC District- PATNA ======================================================

1. Manohar Yadav @ Manohar Prasad, Son of Late Dashrath Yadav

2. Dhananjay Kumar @ Dhanjay Yadav son of Rajdev Yadav Both are residents of Village - Gulab Bag, Police Station - Barh, District Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with N.T.P.C. P.S. Case No. 29 of 2017 registered under Sections 341, 323, 504, 506 and 384 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that save and except Section 384 of the Indian Penal Code, all other sections under which the first information report

Patna High Court Cr.Misc. No.48234 of 2017 (2) dt.17-10-2017 has been instituted are bailable in nature. He submitted that the allegation of assault and demand of money is completely false as the petitioners themselves are contractors and are involved in execution of civil works of construction of N.T.P.C., Barh, Patna. He submitted that the informant and the petitioners are resident of same village and since both of them are engaged in execution of civil works of construction of N.T.P.C., Barh due to animosity, the instant false case has been instituted. He contended that though there is allegation of assault, no injury was found on the person of the informant of the case. On the other hand, learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners.

Considering the submissions made above, coupled with the fact that the petitioners are said to be men of clean antecedent, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, Patna in connection with N.T.P.C. P.S. Case No. 29 of 2017 subject to the conditions

Patna High Court Cr.Misc. No.48234 of 2017 (2) dt.17-10-2017 as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T