Banai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76950 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- SIMRA District- West Champaran ====================================================== 1.
BANAI YADAV Son of Ramdhari Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 2.
Janai Yadav Son of Ramdhari Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 3.
Ramayan Yadav Son of Ramdhari Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 4.
Paras Yadav Son of Pardeshi Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 5.
Lalan Yadav Son of Late Bineshwari Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 6.
Anrudh Yadav Son of Lalan Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 7.
Santosh Yadav Son of Lalan Yadav Resident of Village - Mahua, P.S.- Semra, District- West Champaran 8.
Lal Babu Yadav Son of Shankar Yadav @ Jagnath Yadav Resident of Village - Pakargaon, P.S.- Bhairoganj, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for anticipatory bail arises out of Semra P.S. Case No. 91 of 2019, disclosing the offences under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.76950 of 2019(2) dt.18-12-2019 2/3 Petitioners No. 1, 2 and 3 are said to be step brothers of the husband of the informant. Petitioners No. 6 and 7 are sons of petitioner No. 5. All persons named in the First Information Report belong to the same family. It is alleged that all the persons named in the First Information Report assaulted the informant's husband variously and snatched some valuables. Learned counsel appearing on behalf of the petitioners has submitted that it is because of property dispute, this case has been instituted. Two other cases have also been instituted at the instance of the informant. He has accordingly contended that the present First Information Report has been registered out of vengeance.
Be that as it may, considering the background in which the occurrence is said to have taken place and the nature of allegation made in the First Information Report, in my opinion, the case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of Shri Sonu Kumar, learned Judicial Magistrate, 1st Class, Bagaha, Distt. West
Patna High Court CR. MISC. No.76950 of 2019(2) dt.18-12-2019 3/3 Champaran, in connection with Semra P.S. Case No. 91 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T