Chhabbu Yadav @ Prabhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24049 of 2018 Arising Out of PS. Case No.-397 Year-2017 Thana- BAKHTIARPUR District- Saharsa ======================================================
1. Chhabbu Yadav @ Prabhash Yadav
2. Subhash Yadav,
3. Pintu Yadav, All Sons of Bechu Yadav,
4. Bechu Yadav, Son of Uttim Lal Yadav.
5. Bilas Yadav, Son of Late Durgi Yadav,
6. Roshan Kumar, Son of Bilas Yadav, All resident of village Kathdumar P.S. Bakhtiyarpur District- Saharsa.
7. Amlesh Yadav, Son of Kangresh Yadav, Resident of VillageSukhasan P.S. Baktiyarpur, District- Saharsa ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Diwakar Prasad Singh, Adv.
For the Opposite Party :
Mr. Dr. Indiwar Kumari, APP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in connection with Bakhtiyarpur P.S. Case No. 397 of 2017 for offences punishable under Sections 341, 323, 354, 379, 504 and 506/34 of the Indian Penal Code.
The prosecution case as per the written report, dated 17.11.2017, of Shiv Kumar Yadav submitted to the Station House Officer, Kanariya, Bakhtiyarpur Police Station, Saharsa, is to the effect that on 13.11.2017 at 02.00 P.M. when the informant with his aunt, who is Up-Mukhiya of Kathdumar Panchayat, and uncle Murari Yadav, gone to see off them at Kathdumar Ghhat, petitioner no. 4, Becchu Yadav, demanded the fare of the boat, then, Murari Yadav told that this Ghat is free and no charge/fare is demanded from local people. On this
Patna High Court Cr.Misc. No.24049 of 2018(2) dt.30-04-2018 2/2 Chhabbu Yadav, petitioner no. 1, came with other accused persons, resorted to fire and assaulted the informant. It is submitted by the learned counsel for the petitioners that the informant did not receive any injury. The learned Additional Public Prosecutor for the State submits that there is specific allegation against the petitioners. Considering the genesis of the occurrence, coupled with the statement made in paragraph 3 that the petitioners do not have any criminal antecedent, the prayer of the petitioners for grant of anticipatory bail is allowed, in the event of surrender/arrest of the petitioners, named above, before the Court below, within four weeks from today in connection with Bakhtiyarpur P.S. Case No. 397 of 2017 shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) Shamshad/- U T