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Patna High CourtCR. MISC./72829/2018disposed

Megha Yadav And ORS v. The State Of Bihar

2018-12-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72829 of 2018 Arising Out of PS. Case No.-349 Year-2018 Thana- JOGAPATTI District- West Champaran ======================================================

1. Megha Yadav, Son of Late RamLal Yadav,

2. Rajendra Yadav, Son of Late Babu Lal Yadav,

3. Munna Yadav, Son of Bikai Yadav,

4. Guddu Yadav, Son of Chota Yadav,

5. Sukhal Yadav, Son of Bhagrashan Yadav,

6. Raju Yadav, Son of Sukhlal Yadav,

7. Prabhu Yadav, Son of Bhagrashan Yadav, All are resident of Village- Pregwa, P.S.- Jogapatti, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2018 The learned counsel for the petitioners, after some arguments, seeks permission to withdraw this case with respect to petitioner No. 3/Munna Yadav in order to enable him to appear before the Court below and seek regular bail. The prayer for anticipatory bail of petitioner No. 1

Patna High Court Cr.Misc. No.72829 of 2018(2) dt.21-12-2018 2/3 is, therefore, dismissed as withdrawn with the liberty aforesaid.

The petitioner Nos. 1, 2 and 4 to 7 seek bail in anticipation of their arrest in connection with Jogapatti P.S. Case No. 349 of 2018, dated 07.07.2018, instituted for the offences under Sections 143, 447, 448, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The petitioner No. 1 is said to be the order giver, whereas petitioner No. 6 is alleged to have taken away cash from the informant and her family members. The petitioner Nos. 2, 3, 5 and 7 are only named in the F.I.R. without any specific accusation.

The learned counsel for the petitioners has submitted that the petitioner No. 4 had earlier filed a case vide Jogapatti P.S. Case No. 336 of 2018 against the husband of the informant and others and the present case is only a counter blast to the aforesaid case.

Considering the aforesaid facts as also taking into account the clean antecedents of the petitioner Nos. 1, 2 and 4 to 7 above named, they, in the event of their arrest or

Patna High Court Cr.Misc. No.72829 of 2018(2) dt.21-12-2018 3/3 surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Jogapatti P.S. Case No. 349 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T