Sri Prasad Yadav @ Sri Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61351 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- BIHRA District- Saharsa ====================================================== 1.
SRI PRASAD YADAV @ SRI PRAMOD YADAV, aged about 40 years, Male, Son of Agamlal Yadav, Resident of Village - Aaran (Ward No 13), P.S.- Bihra, Distt - Saharsa 2.
Manoj Yadav, aged about 38 years, Male, Son of Agamlal Yadav Resident of Village - Aaran (Ward No 13), P.S.- Bihra, Distt - Saharsa 3.
Mukesh Yadav, aged about 36 years, Male, Son of Agamlal Yadav, Resident of Village - Aaran (Ward No 13), P.S.- Bihra, Distt - Saharsa 4.
Agamlal Yadav, aged about 75 years, Male, Son of Late Babuji Yadav, Resident of Village - Aaran (Ward No 13), P.S.- Bihra, Distt - Saharsa 5.
Jitni Devi, aged about 36 years, Female, Wife of Manoj Yadav, Resident of Village - Aaran (Ward No 13), P.S.- Bihra, Distt - Saharsa 6.
Ranju Devi, aged about 36 years, Female, Wife of Mukesh Yadav, Resident of Village - Aaran (Ward No 13), P.S.- Bihra, Distt - Saharsa ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Bhim Kumar Yadav, Adv.
For the Opposite Party :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 14-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Bihra P.S. Case No. 82 of 2019 for the offences alleged under Sections 341, 353, 337, 504 and 34 of the Indian Penal Code. The accusation is that informant, along with other police officials, went at the house of petitioner no. 1, Sri Prasad Yadav @ Sri Pramod Yadav, in village Aran to serve the notice, issued from the Circle Office, Kataiya, Saharsa, and in the light of notice asked to leave six feet path to Sri Pramod Yadav (petitioner no. 1), then, he started quarreling. At that time, petitioners 2 to 6 also reached there and started to quarrel and created nuisance in discharge of official
Patna High Court CR. MISC. No.61351 of 2019(2) dt.14-10-2019 2/2 duty by pelting stones also.
The submission of the learned counsel for the petitioners is that in fact the informant being the police official, along with other police officials, reached at the village of petitioner no. 1, made attempt to create nuisance in support of opponent party, but, petitioner no. 1 opposed the situation, due to that reason petitioners have falsely been implicated in this case with false allegation. Petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bihra P.S. Case No. 82 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T