Chanderma Yadav @ Amresh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8889 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================
1. Chanderma Yadav @ Amresh Yadav,
2. Akhilesh Kumar, Both are sons of Late Harichandra Yadav, Resident of Kashipura Pokhra, P.S. Magadh Medical, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Uday Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Magadh Medical P.S. Case No. 123 of 2016 instituted for the offence under Section (s) 147, 148, 149, 341, 323, 325, 307, 506 of the Indian Penal Code.
It has been submitted that there is case and counter case between the parties. In the counter case filed by the brother of petitioner No. 2 being Magadh Medical P.S. Case No. 121 of 2016 registered under Section 302 and other allied sections of the Indian Penal Code, it has been alleged that brother of the petitioner No. 2 Krishna Yadav was brutally assaulted by the
Patna High Court Cr.Misc. No.8889 of 2017 (2) dt.27-02-2017 2/2 informant and others, as a result, he died.
From the written report itself, it appears that there is specific allegation of assault against co-accused Sita Ram Yadav and Mithlesh Yadav. There is general and omnibus allegation against both the petitioners.
It has been mentioned in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Magadh Medical P.S. Case No. 123 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Priya, J) Shageer/- U T