Awadhesh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31103 of 2018 Arising Out of PS. Case No.-366 Year-2017 Thana- JAHANABAD District- Jehanabad ======================================================
1. Awadhesh Yadav s/o Kapildeo Prasad
2. Shambhu Yadav s/o Kapildeo Prasad Both resident of Mohalla- Ambedkar Nagar, Jehanabad, P.S. Jehanabad, District- Jehanabad.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Vijay Kumar, Adv.
For the Opposite Party :
Mr. Ram Naresh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2018 Heard learned counsel for the petitioners and the State.
This is an application for anticipatory bail in connection with Jehanabad P.S. Case No.366 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 379, 307, 504 and 506 of the Indian Penal Code. Informant in her fardbeyan has stated that on 09.06.2017 at about 9:00 A.M. accused persons including petitioners entered their house and alleged that why they have not cast their vote and thereafter assaulted informant by iron rod and subsequently on the same day in the night accused persons assaulted informant by Lathi, Danda, Bhala and Garasa on which he sustained injuries.
Patna High Court Cr.Misc. No.31103 of 2018(2) dt.21-05-2018 2/2 It has been submitted on behalf of petitioners that for the first offence a separate FIR no.365 was registered in which petitioners have already been granted anticipatory bail. As far as second offence is concerned, there is no allegation against petitioners of committing any assault and the allegations are general and omnibus in nature. It has been further submitted that they have been falsely implicated in this case except the case as referred to Jehenabad P.S. Case No. 365 of 2017. They have got no criminal antecedent.
Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/ (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No.366 of 2017,subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(S. Kumar, J) sudip/manoj U T