Patna High CourtCR. MISC./65035/2018partly allowed disposal

Guddu Kumar Yadav @ Guddu Yadav And ORS v. The State Of Bihar

2018-12-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65035 of 2018 Arising Out of PS. Case No.-208 Year-2018 Thana- AAJAM NAGAR District- Katihar ======================================================

1. Guddu Kumar Yadav @ Guddu Yadav, S/o Dinesh Yadav,

2. Uttam Kumar Yadav @ Uttam Yadav, S/o Dinesh Yadav,

3. Gita Devi, W/o Dinesh Yadav, All are resident of Kushaha, P.S.- Azamnagar, DistrictKatihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Azamnagar P.S. Case No.208 of 2018 registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code. Considering that there is no allegation of overt act as against petitioner nos.2 and 3, namely, Uttam Kumar Yadav @ Uttam Yadav and Gita Devi, in the event of arrest or surrender before the court below within six weeks from today, they are directed to be released 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 A.C.J.M.,-VI, Katihar

Patna High Court Cr.Misc. No.65035 of 2018(2) dt.14-12-2018 2/2 in connection with Azamnagar P.S. Case No.208 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

As far as petitioner no.1 Guddu Kumar Yadav @ Guddu Yadav is concerned, since he is alleged to have assaulted with Dabia on the head of the informant, I am not inclined to grant him pre-arrest. Accordingly, his application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J) Md. S/- U T