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Patna High CourtCR. MISC./57281/2019bail granted

Ghanshyam Yadav v. The State Of Bihar

2019-09-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57281 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Ghanshyam Yadav Son of Late Devnath Yadav 2.

Jay Ram Yadav Son of Late Dev Nath 3.

Kripashankar Yadav Son of Ghanshyam Yadav 4.

Satyendra Yadav Son of Late Lakhpati Yadav 5.

Chandrashekhar Yadav Son of Late Lakhpati Yadav 6.

Munna Yadav Son of Uday Narayan Yadav 7.

Bablu Yadav Son of Uday Narayan Yadav 8.

Andip Yadav Son of Bhola Yadav 9.

Gopal Yadav Son of Late Raghunath Yadav All are residents of Village- Barki Nanijor (Dhabi), P.S.- Nanijor, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Brahampur (Nainizore) P.S. Case No. 213 of 2019, registered under Sections 341/323/504/506/307/379/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners assaulted the informant by means of butt of the pistol

Patna High Court CR. MISC. No.57281 of 2019(2) dt.11-09-2019 2/3 and also snatched Rs. 60,000/-, mobile phone and one locket from the neck of the informant.

Learned counsel for the petitioners submits that both the parties are neighbour and co-villagers and there is case and counter case between them, inasmuch as Brahampur P.S. Case No. 212 of 2019 has been lodged by the side of the petitioners. He further submits that both the parties have compromised the dispute amicably and a joint compromise petition has been submitted before the court of learned Chief Judicial Magistrate, Buxar. He further submits that no injury has been brought on record from the side of the prosecution. After having heard learned counsel for the parties and taking into consideration the fact that both the parties are neighbour, there is case and counter case and both the parties have submitted joint compromise petitioner before the court below, I am inclined to grant anticipatory bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.57281 of 2019(2) dt.11-09-2019 3/3 Buxar in connection with Brahampur (Nainijor) P.S. Case No. 213 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T