Shyam Yadav @ Shyam Sunder Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29298 of 2018 Arising Out of PS.Case No. -757 Year- 2016 Thana -BANKA District- BANKA ======================================================
1. Shyam Yadav @ Shyam Sunder Yadav, S/o Late Bothri Yadav,
2. Dilip Yadav @ Dilip Kumar Yadav S/o Shyam Sunder Yadav,
3. Pradeep Yadav @ Pradeep Kumar Yadav, S/o Shyam Sunder Yadav, null
4. Arbind Yadav @ Arbind Kumar S/o Dinesh Yadav, All R/o Vill.- Babu Tola, P.S.- Banka , District- Banka.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2018 Heard both sides.
The petitioners apprehend their arrest in Banka P.S. Case No.757/2016 registered under Sections 147, 148, 149, 448, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code. The informant named 13 persons and alleged that all the accused persons having armed with different weapons came near the house of the informant and began to abuse. When the informant and his family members protested, the accused persons indiscriminately assaulted.
Learned counsel for the petitioners submits that the injuries found on the person of the injured are simple in nature.
Patna High Court Cr.Misc. No.29298 of 2018 (2) dt.18-05-2018 2/2 Similarly situated other accused persons have been granted anticipatory bail in Cr. Misc. No. 2508 of 2017, Cr. Misc. No.36676 of 2017, Cr. Misc. No.54906 of 2016 and Cr. Misc. No.38557 of 2017. The case of the petitioners stands on same footing.
Taking into consideration the aforesaid fact and the fact that similarly situated other accused persons have been granted anticipatory bail, the petitioners above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, in connection with Banka P.S. Case No.757/2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Amit/- U T