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Patna High CourtCR. MISC./57591/2018bail granted

Golu Yadav And ANR v. The State Of Bihar

2018-09-28Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57591 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Golu Yadav, S/o Praveen Yadav, R/o Vill.- Maharo Goraiya, P.S.- Islampur, District- Nalanda.

2. Mithlesh Yadav S/o Late Ram Keshwar Yadav, R/o Vill.- Bhatwabagh, P.S.- Islampur, District- Nalanda.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Islampur P.S. Case No. 35 of 2018 registered under Sections 147, 341, 323, 504, 379 and 354B of the Indian Penal Code.

It is contended that save and except sections 379 and 354B of the Indian Penal Code, all other offences are bailable in nature. From the allegations made in the first information report,

Patna High Court Cr.Misc. No.57591 of 2018 (2) dt.28-09-2018 2/2 it would appear that it is not a case of outraging modesty rather the alleged offence took place due to trivial dispute, as the petitioners and the informant are neighbours. It is also contended that the petitioners have got no criminal antecedent and having got roots in the society, they are not likely to abscond or tamper with the evidence.

Considering the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 35 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T