Bidyanand Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3308 of 2018 Arising Out of PS.Case No. -121 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================
1. Bidyanand Yadav, S/o Late Jagadhar Yadav,
2. Indardev Yadav @ Indradeo Yadav @ Indrev Yadav S/o Late Ajab Yadav,
3. Anmol Yadav @ Anmol Kumar S/o Sikender Yadav,
4. Chilo Yadav S/o Late Ajab Yadav, All are R/o Village- Itahari, P.S.- Salakhua, (N Banama Itahari O.P.), District- Saharsa. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2018 Petitioners apprehend their arrest in connection with Salkhua P.S.Case No. 121 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 325, 379, 307, 504 of the Indian Penal Code and 27 of the Arms Act.
There is specific allegation against petitioner No.3 of firing on the informant causing injury to his arm and against petitioner No.4 there is allegation of assault by farsa causing injury on the leg and nose and injury on leg is said to be grievous in nature.
Submission of learned counsel for the petitioners is that there is no allegation attributed against petitioners Nos. 1 and 2
Patna High Court Cr.Misc. No.3308 of 2018 (3) dt.28-02-2018 2/3 and there is case and counter case and both sides have received injuries and some of the injuries on the side of petitioners are grievous in nature.
Heard learned APP also.
Having heard both sides and considering the submission, let the petitioners Nos. 1, 2 and 3, above named, in the event of their arrest or surrender within a period of six weeks, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-II, Saharsa, in connection with Salkhua P.S.Case No. 121 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that (1) one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and (2) petitioners shall co-operate in investigation and appear before the Investigating Officer as and when required, except on genuine ground, failing which their bail bonds shall be cancelled.
So far prayer for anticipatory bail of petitioner No.4 is concerned, in the facts and circumstances, his prayer for anticipatory bail is rejected. He is directed to surrender within a period of six weeks and pray for regular bail, which shall be
Patna High Court Cr.Misc. No.3308 of 2018 (3) dt.28-02-2018 3/3 considered on its own merit.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U