Patna High CourtCR. MISC./59223/2018partly allowed disposal

Parash Yadav And ORS v. The State Of Bihar

2018-09-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.59223 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59223 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -BACHHWARA District- BEGUSARAI ======================================================

1. Parash Yadav Son of Jai Karan Yadav

2. Yashbant Yadav@ Jaswant Yadav Son of Jai Karan Yadav

3. Dhiraj Yadav@ Dheerendra Yadav Son of Anuj Yadav

4. Lukho Yadav Son of Ram Anuj Yadav

5. Shyam Lal Yadav Son of Bindeshwari Yadav

6. Ram Bhajan Yadav@ Bhajan Yadav Son of Bindeshwari Yadav

7. Ritlal Yadav Son of Bindeshwari Yadav

8. Subodh Yadav Son of Rajniti Yadav

9. Ganesh Yadav@ Lilput@ Liliput Son of Baleshwar Yadav All Resident of Village- Narepur Diyara, P.S.- Bachhwara, DistrictBegusarai. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.09.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bachhwara P. S. case no. 45/2018 registered under section 307/34 of the IPC and 27 of the Arms Act. Petitioners are named in the first information report but except petitioner no. 1, namely, Parash Yadav there is no specific allegation against remaining petitioners. The petitioner no. 1 is said to have given order to other accused. The impugned order goes to show that charge-sheet against some co-accused has already been submitted whereas the

Patna High Court Cr.Misc. No.59223 of 2018 (2) dt.28-09-2018 investigation against these petitioners has been kept pending.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner nos. 2 to 9, namely, Yashbant Yadav @ Jaswant Yadav, Dhiraj Yadav @ Dheerendra Yadav, Lukho Yadav, Shyam Lal Yadav, Ram Bhajan Yadav @ Bhajan Yadav, Ritlal Yadav, Subodh Yadav, Ganesh Yadav @ Lilput @ Liliput be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate VI, Begusarai in Bachhwara P. S. case no. 45/2018 subject to condition as laid down under section 438(2) of the Cr.P.C. So far as, anticipatory bail of petitioner no. 1, namely, Parash Yadav is concerned, the same stands rejected. However, it is made clear that this order shall not cause any prejudice to concerned court at the time of consideration of regular bail application of petitioner no. 1. Shahid/Abhijeet (Hemant Kumar Srivastava,J) U T