Nand Kishore Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49656 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -MORE District- DARBHANGA ======================================================

1. Nand Kishore Yadav

2. Pramod Yadav Both sons of Damodar Yadav, residents of village- Araila, P.S.- Moro, District- Darbhanga.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Navesh Nandan, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Moro P. S. Case No. 34 of 2017 registered under Sections 341, 323, 379, 354-B, 448, 504 & 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and there is no truth behind the allegation that they tried to outrage the modesty of the informant. He submitted that as a matter of fact, the petitioners are neighbours of the informant of the case and

Patna High Court Cr.Misc. No.49656 of 2017 (3) dt.09-11-2017 2/3 there is dispute owing to passage between the parties as a result of which on the date of occurrence itself, the family members of the informant had assaulted the petitioner no. 1 badly and the petitioner no. 1 had immediately rushed to Darbhanga Medical College Hospital and after getting treatment, he went to the police and lodged an FIR vide Moro P. S. Case No. 35 of 2017 under Sections 341, 323, 379, 354, 504 & 506/34 of the Indian Penal Code. He submitted that the petitioners have no criminal antecedent and having roots in the society, they are not likely to abscond or tamper with the evidence.

On other hand, learned Additional Public Prosecutor for the State has submitted that it is true that there is case and counter case, but so far as allegations against the petitioners are concerned, they are quite serious. Regard being had to the submissions made above, the petitioners named above 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 Chief Judicial Magistrate, Darbhanga in Moro P. S. Case No. 34 of 2017 , subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure, in the event of arrest or

Patna High Court Cr.Misc. No.49656 of 2017 (3) dt.09-11-2017 3/3 surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T