Mukesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.642 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Mukesh Yadav S/o Brahmdeo Yadav.

2. Pappu Yadav S/o Doman Gope Both residents of village - Shekhopur Sarai, P.S. - Shekhopur Sarai, District - Sheikhpura. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Syed. Rizwanul Haque, Advocate. For the Opposite Party : Smt Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Shekhopur Sarai P.S. Case No. 97 of 2016 for the offences instituted under Sections 341, 323, 448, 384, 385, 427, 504, 506 and 379/34 of the IPC.

The prosecution story, in brief, is that the petitioners and others abused and assaulted the informant and asked for withdrawing the case filed against them. His wife also sustained injury on her head. The gold chain of the informant's wife was also snatched. One Santosh Kumar also sustained injury due to assault. The accused persons given threatening to implicate in a false case by setting fire.

Patna High Court Cr.Misc. No.642 of 2017 (3) dt.13-01-2017 2/2 It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The informant is in habit of instituting false cases against the petitioners. In another case, they have been granted bail and in one of the cases they have been acquitted. The petitioners and the informant are neighbours and due to land dispute, cases are being filed against each other between the parties.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Shekhopur Sarai P.S. Case No. 97/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sheikhpura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T