Anish Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64784 of 2018 Arising Out of PS.Case No. -176 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Anish Yadav,

2. Rohit Yadav, Both Sons of Sushil Yadav,

3. Sushil Yadav, Son of Late Jag Narain Yadav, All resident of Pratappur Gangaur, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 447, 504, 506/34 the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant alongwith others was harvesting the crop of their field, the accused persons variously armed with weapons, came there and started abusing them and also assaulted them. It is also alleged that firing was also made.

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.64784 of 2018 (2) dt.25-10-2018 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 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 Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 176 of 2018, 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