Roshan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53810 of 2015 Arising Out of PS.Case No. -127 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Roshan Yadav son of Devendra Yadav

2. Tapsi Yadav Son of Rajo Yadav

3. Manta Yadav son of Naresh Yadav

4. Pappu Yadav son of Late Parmeshwar Yadav All are resident of villageKathara, P.S- Salkhua (Chirayan O.P), District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that she buffalo of petitioner No. 1 and petitioner No. 3 were grazing the grown grass of the informant. On protest being made, on the order of co-accused Chhotelal Yadav and Pragas Yadav, petitioner No. 1 resorted to fire but no injury was caused.

It is submitted by learned counsel for the petitioners that the accusation appears to be unreasonable as the firing was resorted to by riffle but none received any injury. Considering the fact that no injury was caused to the informant and petitioner Nos. 1 and 2 having no

Patna High Court Cr.Misc. No.53810 of 2015 (2) dt.26-11-2015 2/2 criminal antecedent, let the petitioner Nos. 1 and 2, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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 Additional Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 127 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner Nos. 3 and 4 are concerned, since they are accused in other cases also, let learned Court below consider the prayer for regular bail of petitioner Nos. 3 and 4, if they surrender within a period of six weeks in connection with Salkhua P.S. Case No. 127 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate, Saharsa.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T