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Patna High CourtCR. MISC./581/2024bail granted

Mohan Yadav v. The State Of Bihar

2024-01-29Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 581 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- SONO District- Jamui ====================================================== 1.

Mohan Yadav, Male, aged about 48 years, Son of Tetu Yadav Resident of Village - Dudhaniya Tola Bishanpur, P.S.- Charka Pathar(Sono), District- Jamui,. 2.

Vakil Yadav, Male, aged about 40 years, son of Tetu Yadav, Resident of Village- Dudhaniya Tola Bishanpur, P.S.- Sono, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sono (Charka Pathar) P.S. Case No.309 of 2023 instituted for the offences punishable under Sections 341, 342, 323, 324, 385, 379, 353, 307, 504 and 506 of the Indian Penal Code. It is a case of demand of money as Rangdari and after refusal to pay the petitioners and they abused and confined the teachers and locked the school.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that no demand of Rangdari was made by the petitioners and the informant is alleged to have misbehaved with the daughter of the cook of the school. Petitioners have got clean antecedent. However, learned APP for the State opposes the

Patna High Court CR. MISC. No. 581 of 2024(2) dt.29-01-2024 2/2 prayer for anticipatory bail of the petitioners. On perusal of the FIR and injury report, it appears that all offences are bailable except under Sections 379, 353 and 307 of the Indian Penal Code and injury found on the persons injured is found to be simple in nature and there is no criminal antecedent report of the petitioners as stated in para-3 of the petition. Having considered the facts and circumstances of the case and submission of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, let the petitioners above named be released on bail on furnishing bail bond of Rs.

25,000/- (Twenty five thousand only) each with two sureties of the like amount each to the satisfaction of Sri Pranav Kumar, Judicial Magistrate-Ist Class, Jamui or his successor in connection with Sono (Charka Pathar) P.S. Case NO. 309 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that one the bailors shall be close relatives of the petitioners.

Brajesh Kumar/- (Ramesh Chand Malviya, J) U T