Mahesh Yadav @ Maheshwari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68652 of 2019 Arising Out of PS. Case No.-291 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.
Mahesh Yadav @ Maheshwari Yadav aged about 40 years (M) Son of Sone Lal Yadav 2.
Ramesh Yadav aged about 38 years (M) Son of Sone Lal Yadav 3.
Tuntun Yadav @ Tuntun Kumar Yadav aged about 28 years (M) Son of Bhumi Yadav 4.
Prakash Yadav @ Prakash Kumar Yadav aged about 27 years (M) Son of Maheshwari Yadav 5.
Ravindra Yadav aged about 25 years (M) Son of Maheshwari Yadav 6.
Uniya Devi @ Poonam Devi aged about 28 years (F) Wife of Ramesh Yadav 7.
Ahiya Devi aged about 30 years (F) Wife of Mahesh Yadav All are residents of Village - Barhara, P.S.- Narpatganj, District - Araria. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Mukesh Kumar Rana, Advocate For the State :
Mr.Satyendra Narayan Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard Mr.Mukesh Kumar Rana, learned Advocate for the petitioners and Mr. Satyendra Narayan Singh, learned APP for the State.
After some arguments, Mr. Mukesh Kumar Rana, learned Advocate for the petitioners, seeks permission to withdraw the application with respect to the petitioner no. 1, namely, Mahesh Yadav @ Maheshwari Yadav.
The application with respect to petitioner no. 1,
Patna High Court CR. MISC. No.68652 of 2019(2) dt.27-11-2019 2/3 namely, Mahesh Yadav @ Maheshwari Yadav, is dismissed as withdrawn with liberty to the petitioner no.1 to surrender before the court below and pray for regular bail which shall be considered on its own merits without being prejudiced by the fact that the application for anticipatory bail has not been entertained by this Court.
The petitioner nos. 2 to 7 seek bail in anticipation of their arrest in connection with Narpatganj P.S. Case No. 291 of 2019 which has been instituted for the offences under Sections 341, 323, 324, 325, 379, 354B and 504/34 of the Indian Penal Code.
Petitioner nos. 2 to7 are alleged to have assaulted the brother of the informant and the informant causing simple injuries. The accusation of assault against the petitioner nos. 2 to 7 is general and omnibus. The occurrence is said to have taken place only because of the dispute over erection of hut.
Considering this aspect of the matter and taking into account the fact that petitioner nos. 2 to 7 do not have any criminal antecedents, they are directed to be released on
Patna High Court CR. MISC. No.68652 of 2019(2) dt.27-11-2019 3/3 bail, in the event of their 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, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 291 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) BT/- U T