Garju Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63713 of 2017 Arising Out of PS.Case No. -161 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Garju Yadav, S/o Gudari Yadav,
2. Sonu Yadav @ Sannu Yadav S/o Rajeshwar Yadav,
3. Jeera Devi W/o Ladu Yadav,
4. Chhotelal Yadav @ Chhotu Yadav S/o Garju Yadav,
5. Pyari Devi W/o Garju Yadav,
6. Santosh Yadav S/o Garju Yadav,
7. Bhola Yadav S/o Late Raghunath Yadav, All are R/o Village- Bhorya, P.S.- Belaon, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Prakash Singh For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Bhagwanpur (Belaon)) PS case no. 161 of 2017 dated 29.10.2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 186, 427 and 504 of the Indian Penal Code.
The allegation against the accused persons including the petitioners herein is that when the police party had gone to apprehend a person who was absconding, the petitioners herein
Patna High Court Cr.Misc. No.63713 of 2017 (3) dt.09-02-2018 2/3 and other accused persons engaged in brick batting as well as used other methods in order to prevent the police personnel for arresting the accused person.
The learned counsel for the petitioners submits that the petitioners are innocent and there are no allegations of any specific overt act as against the petitioners herein. However, the petitioners are ready to abide by any conditions to be imposed for the purposes of grant of anticipatory bail.
Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the petitioners to deposit a sum of Rs. 5,000/- each before the Nazarat of the concerned court and upon deposit of the said amount and upon surrender before the learned trial court within a period of six weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Vth, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) PS case no. 161 of 2017 dated 29.10.2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.
It is made clear that the deposit of the aforesaid amount of Rs. 5,000/- each by the petitioners would not be
Patna High Court Cr.Misc. No.63713 of 2017 (3) dt.09-02-2018 3/3 construed as prejudicial to the interest of the petitioners as far as the merits of the case is concerned.
(Mohit Kumar Shah, J) BTiwary/- U T