Sarwanand Singh @ Sarwanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3886 of 2020 Arising Out of PS. Case No.-225 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.
SARWANAND SINGH @ SARWANAND YADAV Son of Late Jagnarayan Yadav Resident of Village- Manpur, P.S.- Ara Muffasil (Dhobahan O.P.), District- Bhojpur.
2.
Purnima Devi @ Punam Devi Wife of Ranjeet Yadav Resident of VillageManpur, P.S.- Ara Muffasil (Dhobahan O.P.), District- Bhojpur. 3.
Prakash Yadav @ Prakash Kumar Son of Ranjeet Yadav Resident of VillageManpur, P.S.- Ara Muffasil (Dhobahan O.P.), District- Bhojpur. 4.
Seema Devi Wife of Mukesh Yadav Resident of Village- Manpur, P.S.- Ara Muffasil (Dhobahan O.P.), District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Ara Muffasil (Dhobahan O.P.) PS case no. 225 of 2019 registered for the offences punishable under Sections 147, 148, 323, 324, 307, 379, 447, 337 of Indian Penal Code. The allegation is regarding the accused persons having assaulted the informant and his family members with rod, lathi, danda etc. resulting in infliction of various types of injuries on the injured persons.
The learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.3886 of 2020(2) dt.21-01-2020 2/3 that the petitioners have been falsely implicated in the present case and as far as petitioners no. 1, 2 and 4 are concerned, they are having clean antecedent, however, as far as petitioner no. 3 is concerned, he is an accused in one other case but he is on bail in the said case. It is further submitted that as far as the petitioners herein are concerned, there is no allegation of any sort of overt act and the fact is that the co-accused persons namely Mukesh Yadav, Jitendra Yadav, Vikas Kumar, Parmendra Yadav and Jitu Yadav are stated to have assaulted the informant and his family members resulting in injuries to them. The learned A.P.P. for the informant Sri Shailendra Kumar has vehemently opposed the prayer for bail.
Having regard to the facts and circumstance of the case, considering the submissions made by the learned counsel for the petitioners coupled with the fact that no specific allegation of overt act has been levelled against the petitioners herein, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Ara in connection with Ara Muffasil (Dhobahan O.P.) PS case no.
Patna High Court CR. MISC. No.3886 of 2020(2) dt.21-01-2020 3/3 to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T