Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58404 of 2019 Arising Out of PS. Case No.-255 Year-2018 Thana- BAHERI District- Darbhanga ====================================================== 1.

PANKAJ YADAV Son of Bheekhan Yadav @ Lal Kishore Yadav 2.

Raju Yadav Son of Kaushal Yadav All Resident of Village - Chhotki Dying, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.N.P. Sinha, Sr. Advocate.

Mr.Pankaj Kumar For the Opposite Party/s :

Mr. NaWAL Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 The petitioners apprehend their arrest in connection with Baheri P. S. Case No. 255 of 2018 registered under Sections 307,323,341,354,and 447/34 of the Indian Penal Code. Allegation against the petitioners is that petitioners along with other accused persons entered into the house of the informant and assaulted the grand daughter and wife of the informant.

Mr. S.N.P.Sinha, learned senior counsel appearing on behalf of the petitioners submits that from perusal of FIR, it would be evident that allegation of assault is upon one coaccused Uday Yadav and no specific allegation of assault is there against these petitioners. He further submits that a counter case i.e., Complaint Case No. 1618 of 2018, has been filed by

Patna High Court CR. MISC. No.58404 of 2019(3) dt.20-11-2019 2/2 Uday Yadav against the informant and others. Having regard to the submissions made by the parties and taking into consideration the fact that there is no specific allegation of assault against these petitioners and the allegation of assault is against one Uday Yadav upon the grand daughter and wife of the informant, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Darbhanga in connection with Baheri P.S.Case No. 255 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T