Patna High CourtCR. MISC./76362/2018allowed

Sikandra Yadav And ORS v. The State Of Bihar

2018-12-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76362 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- HULASGANJ District- Jehanabad ======================================================

1. Ajit Kumar Yadav @ Anjeet Kumar and

2. Sikandra Yadav Son of Ram Chandra Yadav.

3. Shimpu Kumar Yadav @ Sipu Kumar Son of Mantu Yadav.

4. Sanjit Yadav @ Sanny Kumar. Both are Sons of Mukan Yadav. All are Resident of Village-Audanbigha P.S. Makhdumpur (Bishungani O.P.) District Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sewak Prasad For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Hulasganj P.S. Case No. 49 of 2018 for the offence under sections 149, 307, 324 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are neither tractor drivers nor owner of the tractor. Referring to prosecution case, he submits that scuffle took place on account of loading and unloading of the sand and only on account of the same, the petitioners have been made accused in this case.

Learned counsel submits that similarly

Patna High Court Cr.Misc. No.76362 of 2018(2) dt.19-12-2018 2/2 circumstanced co-accused Mantu Yadav has been granted anticipatory bail by a coordinate bench of this court in Cr. Misc. No. 43908 of 2018 vide order dated 20.7.2018. Considering the aforesaid, let the petitioners, named above, in the event of arrest or surrender before the court below 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) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Jehanabad, in connection with Hulasganj P.S. Case No. 49 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T