Adhiklal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54984 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- DHURAIYA District- Banka ======================================================

1. Adhiklal Yadav.

2. Narsingh Yadav, Both sons of Late Yaddu Yadav.

3. Gayatri Devi wife of Vibhash Yadav, All are Resident of VillageShree Pathar, P.S. Dhoraiya, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was on the way, the accused persons assaulted him and looted his belongings.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Petitioner no. 3 is a lady. There is a case and counter case between the parties. Brick batting is alleged to

Patna High Court Cr.Misc. No.54984 of 2018(2) dt.09-10-2018 2/2 have taken place in course of occurrence in which both the sides received injury. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 38/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T