Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82518 of 2019 Arising Out of PS. Case No.-60 Year-2010 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

JAGDISH YADAV Son of Late Rajdeo Yadav Resident of Village - Baijan Bigha, P.S.- Magadh University, District - Gaya. 2.

Uday Yadav Son of Rameshwar Yadav Resident of Village - Baijan Bigha, P.S.- Magadh University, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 323, 341, 379/34 of the Indian Penal Code.

Informant has alleged that on 04.08.2010 at 7:00 PM while his son Ram Bihari Yadav was returning when FIR named accused assaulted him by fists and slaps and also snatched Rs. 1170 and golden chain from his possession.

It has been submitted on behalf of petitioners that after investigation police submitted charge sheet under Sections 341, 323 read with 34 of I.P.C. and did not found case to be true

Patna High Court CR. MISC. No.82518 of 2019(2) dt.12-12-2019 2/2 under Section 379 of I.P.C. However, the court below has taken cognizance under Section 379 which is non-bailable and cognizable offence. Petitioners have no criminal antecedents. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Magadh University P.S. Case No. 60 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T