Patna High CourtCR. MISC./55262/2017bail granted

Manikant Yadav And ANR v. The State Of Bihar

2017-11-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55262 of 2017 Arising Out of PS. Case No.-172 Year-2017 Thana- ALAMNAGAR District- Madhepura ======================================================

1. Manikant Yadav , son of Jagdish Yadav

2. Prahalad Yadav, son of Jagdish Yadav Both residents of village Auradih, P.S. Alamnagar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Pawan Kumar For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-11-2017 Heard Sri Pawan Kumar, learned counsel for the petitioners and Smt. Indu Kumari Srivastava, learned Additional Public Prosecutor.

Two petitioners, who are full brothers and in custody since 01.08.2017 in Alamnagar P.S. Case No. 172 of 2017, registered for the offence under Section 341, 323, 307, 379, 504/34 of the Indian Penal Code , 1860 have prayed for grant of bail.

Learned counsel for the petitioners submits that there was case and counter case in between the parties. He further submits that both the petitioners are painters and doing the job of painting. Since they were not properly paid and it was opposed, initially the petitioners were assaulted by the informant's side

Patna High Court Cr.Misc. No.55262 of 2017(2) dt.16-11-2017 2/2 and to save their skin, the present false case has been instituted. From the petitioners' side also, wife of petitioner no. 1 had lodged an F.I.R. vide Alamnagar P.S. Case No. 173 of 2017 registered for offence under section 341/323/379/ 504/506/34 Indian Penal Code, 1860. He further submits that both the petitioners are having clean antecedent, which fact has been stated in paragraph no. 3 of the petition. Considering the fact that there was case and counter case in between the parties and considering the nature of accusation as well as clean antecedent of both the petitioners, they i.e. Manikant Yadav and Prahalad Yadav are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda- Kishunganj, District - Madhepura / concerned court in connection with Alamnagar P.S. Case No. 172 of 2017 .

(Rakesh Kumar, J) praful/- U T