Patna High CourtCR. MISC./30904/2018allowed

Uday Yadav @ Uday Kumar And ORS v. The State Of Bihar

2018-06-04Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30904 of 2018 (2) dt.04-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30904 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================

1. UDAY YADAV @ Uday Kumar son of Dasrath Prasad, Resident of village- Korthu.

2. Sri Devi Wife of Sunil Prasad, Resident of village- Telhara, Ghasanpar,

3. Suresh Prasad @ Doma son of Bira Mahto, Resident of village- Kela Bigha, All Police Station- Telhara, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Telhara Police Station Case No. 41 of 2018, disclosing offences under Sections 147, 447, 448 and 427 of the Indian Penal Code Section 3 Prevention of Damage of Public Property Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the case has been compromised between the parties by way of filing compromise petition, therefore, nothing remains against the

Patna High Court Cr.Misc. No.30904 of 2018 (2) dt.04-06-2018 petitioners to be prosecuted in this case. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Judicial Magistrate-1st, Class, Hilsa, Nalanda, in connection with Telhara Police Station Case No. 41 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T