Akhilesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49962 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Akhilesh Yadav son of Late Brahmdev Yadav resident of Village - Chanpur Patilar, Police Station - Choutarawa, District - West Champaran.

2. Sunil Yadav son of Arvind Yadav resident of Village - Patilar, Police Station Chotarawa, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Choutarawa P.S. Case No. 58 of 2017 registered under Sections 341, 323, 324, 379, 504, 307 and 34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Further submission is that petitioner no. 2 is a man of clean antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner no. 1 with submission that there is specific allegation of assault on the vital part of the body

Patna High Court Cr.Misc. No.49962 of 2017 (3) dt.06-12-2017 2/2 of the injured against him and he has criminal antecedent. Having considered the facts and circumstances of the case, prayer of the petitioner no. 1 is, hereby, rejected and at the same time, prayer of the petitioner no. 2 is allowed. Let the above named petitioner no. 2 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bagaha, West Champaran in connection with Choutarawa P.S. Case No. 58 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T