Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65286 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- PARAIYA District- Gaya ====================================================== 1.

Surendra Yadav (Male), aged about 39 years, Son of Late Ram Kishun Yadav, Resident of Village - Girdhara, P.S.- Paraiya, Distt.- Gaya. 2.

Geeta Devi @ Gita Devi, (Female), aged about-29 years, w/o Surendra Yadav, Resident of Village - Girdhara, P.S.- Paraiya, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Paraiya P.S. Case No. 104 of 2018 registered under sections 147, 149, 341, 323, 325, 307 and 504 of the IPC. The allegation against the petitioners is that the petitioners along with other accused persons assaulted the informant and his brother by means of lathi, khanti etc. Learned counsel appearing for the petitioners submits that the petitioners have unnecessarily been dragged in this case inasmuch as from perusal of the first information report, it would be evident that there is no specific allegation of assault

Patna High Court CR. MISC. No.65286 of 2019(2) dt.05-11-2019 2/2 against the petitioners. Learned counsel further submits that specific allegation of assault is against the co-accused namely Anil Yadav and Sunil Yadav.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are neighbours and there is no specific allegation of assault against the petitioners, I am inclined to grant anticipatory bail to both the petitioners.

Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Gaya, in connection with Paraiya P.S. Case No. 104 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U