Babloo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20790 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -JAMALPUR District- MUNGER ======================================================
1. Babloo Yadav,
2. Dabloo Yadav,
3. Fucho Yadav All S/o Dhanik Yadav,
4. Rishu Kumar S/o Sri Fucho Yadav, All are R/o Village- Chhoti Gjovindpur, P.S.- Jamalpur, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 341, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case as per the written report of Rahul Ranjan dated 26.01.2018 submitted to the Station House Officer, Jamalpur P.S. is to the effect that on 26.01.2018 at 4.30 P.M. the informant hurled that in orchard Bablu Yadav assaulted Raja and when after having received such information when the informant along with his father went to rescue him, they were also assaulted by the accused persons and Bablu Yadav snatched silver chain and Rs. 1500/- from the informant.
Patna High Court Cr.Misc. No.20790 of 2018 (2) dt.20-04-2018 It is submitted by learned counsel for the petitioners that the accusations have been made in the background of petty dispute and even assuming the accusations, no offence under Section 307 of the Indian Penal Code is made out. There is a counter version of the occurrence being Jamalpur P.S. Case No. 17 of 2018 lodged against the informant side. Learned APP, however, submits that the petitioners are named in the FIR.
Considering the fact that in the background of petty dispute accusation has been levelled and there is a counter aversion of the occurrence also, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 16 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T