Manish Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25311 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -KHARAGPUR District- MUNGER ======================================================
1. Manish Kumar Yadav
2. Rohit Kumar Yadav Both son of Nacho Yadav Resident of village - Koriya, Police Station - Haweli Kharagpur, District - Munger.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-06-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 448, 323, 307, 504, 354 and 380/34 of the Indian Penal Code.
The prosecution case is that the petitioners assaulted the informant with the butt of the pistol and iron rod and when the mother and wife of the informant came to rescue, they were also assaulted and accused persons took away rupees ten thousand and jewellery.
It is submitted by learned counsel for the petitioners that, in fact, no injury has been caused to the
Patna High Court Cr.Misc. No.25311 of 2016 (2) dt.21-06-2016 2/2 informant. Statement to that effect has been made in paragraph 10 of the petition. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail provisionally for two months, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Munger in connection with Kharagpur P.S. Case No. 253 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The learned court below will confirm the provisional bail of the petitioners if it is found that none from the informant side have received any substantial injury, but if it is found that the substantial injury has been received by the informant side then the petitioners will surrender and pray for regular bail.
(Dinesh Kumar Singh, J) DKS/- U T