Jhangdi Yadav @ Jhangri Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62872 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -PALIGANJ District- PATNA ======================================================
1. Jhangdi Yadav @ Jhangri Yadav Son of Lal Dev
2. Nanhak Yadav Son of Late Dev Narayan Yadav
3. Bucha Yadav @ Buchcha Yadav Son of Late Krishna Yadav
4. Ashok Yadav Son of Devan Yadav
5. Girija Yadav @ Girija Nand Yadav Son of Sudheshwar Yadav All resident of Village-Lalganj Sehra,P.S.-Paliganj, Distt.-Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 447, 448, 341, 323, 307, 354, 379, 427, 504, of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that the accused persons having formed an unlawful assembly, came in front of house of the informant armed with weapon, started damaging government drain. Allegedly, firing was also made which did hit no one. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation
Patna High Court Cr.Misc. No.62872 of 2018 (2) dt.11-10-2018 of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
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 Sub Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 117 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T