Kaushal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 24312 of 2017 Arising Out of PS.Case No. -498 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Kaushal Yadav,

2. Manish Yadav, Both Sons of Anil Yadav, Resident of Village- Teni Bigha, Police Station + District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Umesh Kumar, Advocate For the Opposite Party/s : Mr Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-06-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend arrest in connection with Jehanabad Police Station Case No 498 of 2016 registered for the offences punishable under Sections 341, 323, 307, 448, 326, 379/34 of Indian Penal Code.

It is submitted on behalf of the petitioners that the petitioners are own cousin grandsons of the informant and there is a family dispute between them. It is further alleged that the informant has earlier also implicated them in a false case which is apparent from Annexure 2 bearing Jehanabad Rail PS Case No 38 of 2015. In that case, the petitioners have already been granted

Patna High Court Cr.Misc. No.24312 of 2017 (2) dt.01-06-2017 2/2 anticipatory bail vide order dated 01.02.2016 passed in Cr Misc No 58464 of 2015. Further submission is that the allegation of firing is against Anil Yadav and not against the petitioners. It is also submitted that from perusal of the prescription dated 13.10.2016, which is part of the FIR at page 12 of the instant brief, it is apparent that the cause of physical assault is attributed, and not of firing. The said submission is not relevant for the instant petitioners. However, the same is being noted for the purpose of the instant application.

Considering the aforesaid submissions, in the event of their arrest or surrender within four weeks from today, the petitioners above named shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Jehanabad PS Case No 498 of 2016 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Madhuresh Prasad, J) M.E.H./- U T