Nand Kishor Yadav vs The State Of Bihar on 21 October, 2019

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Patna High Court - Orders

Nand Kishor Yadav vs The State Of Bihar on 21 October, 2019

Bench: Rajendra Kumar Mishra

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.64110 of 2019
          Arising Out of PS. Case No.-230 Year-2019 Thana- BAHERA District- Darbhanga
     ======================================================
1.    NAND KISHOR YADAV Son of Chandra Shekhar Yadav R/V- Kopi
      Mahajari, P.S.- Biraul, District - Darbhanga
2.   Chandra Shekhar Yadav Son of Late Kanhai Lal Yadav @ Kanhaya Yadav
     R/V- Kopi Mahajari, P.S.- Biraul, District - Darbhanga
3.   Manish Kumar @ Radhe Yadav Son of Dinesh Prasad @ Dinesh Yadav R/V-
     Kopi Mahajari, P.S.- Biraul, District - Darbhanga
4.   Parmanand Yadav @ Pramanand Yadav Son of Rassi Lal Yadav R/V- Kopi
     Mahajari, P.S.- Biraul, District - Darbhanga
5.   Lalit Yadav@ LALI YADAV Son of Bir Yadav R/V- Kopi Mahajari, P.S.-
     Biraul, District - Darbhanga
6.   Ram Ayodhi Yadav @ Ram Ayodhaya Yadav Son of Domi Yadav R/V- Kopi
     Mahajari, P.S.- Biraul, District - Darbhanga
7.   Kamlesh Yadav Son of Lalo Yadav R/V- Kopi Mahajari, P.S.- Biraul, District
     - Darbhanga
8.   Buchhi Yadav @ BUCHCHI YADAV Son of Domi Yadav R/V- Kopi
     Mahajari, P.S.- Biraul, District - Darbhanga
9.   Ram Sagar Yadav Son of Late Uttim Yadav R/V- Kopi Mahajari, P.S.-
     Biraul, District - Darbhanga
10. Vijay Yadav @ Bijay Yadav Son of Ram Ayodhi Yadav @ Ram Ayodhaya
    R/V- Kopi Mahajari, P.S.- Biraul, District - Darbhanga
11. Ghuran Yadav Son of Late Laxmi Yadav R/V- Kopi Mahajari, P.S.- Biraul,
    District - Darbhanga
12. Butta Yadav @ Bhutta Yadav Son of Laxmi Yadav R/V- Kopi Mahajari, P.S.-
    Biraul, District - Darbhanga
13. Ram Babu Yadav Son of Uttim Yadav R/V- Kopi Mahajari, P.S.- Biraul,
    District - Darbhanga
14. Chunchun Yadav @ GHUNCHUN YADAV Son of Buchi Yadav @ Buchchi
    Yadav R/V- Kopi Mahajari, P.S.- Biraul, District - Darbhanga
15. Shyam Yadav Son of Late Lakhichand Yadav R/V- Kopi Mahajari, P.S.-
    Biraul, District - Darbhanga
16. Lalo Yadav Son of Rameshwar Yadav R/V- Kopi Mahajari, P.S.- Biraul,
    District - Darbhanga

                                                                      ... ... Petitioner/s
                                           Versus
     The State of Bihar Bihar
                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr.Ajay Kumar
     For the Opposite Party/s :       Mr.Rina Sinha
     ======================================================
          Patna High Court CR. MISC. No.64110 of 2019(2) dt.21-10-2019
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                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                    ORAL ORDER

2   21-10-2019

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barera P.S. Case no. 230 of 2019, registered under Sections 147, 149, 341, 323, 307, 385, 379, 324, 427 and 447 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that while the informant was watching the work, which was being done under Jal-Nal Yojana in ward No. 13 of Gram Panchayat Zariso, Harimohan Yadav came there and asked to stop the work and made ransom of Rs. Two lakhs saying that why they not cast their vote in favour of R.J.D. In the meantime, 32 persons named in the F.I.R. including the petitioners came there variously armed with weapon. At that time, Harimohan Yadav fired through pistol, which passed through nearby his head. At that time, all entered in the house and looted all ornaments worth of Rs. Five lakhs and also damaged his property.

Learned counsel for the petitioners submits that while petitioners are named in the F.I.R., but no specific overt act has been attributed against the petitioners. The specific allegation is against Harimohan Yadav, Dinesh Yadav and Patna High Court CR. MISC. No.64110 of 2019(2) dt.21-10-2019 3/3 Tarun Mohan Yadav to cause injury to informant. Further submission is that Harimohan Yadav, Tarun Mohan and Dinesh Yadav @ Dinesh Prasad Yadav have already been granted privilege of pre-arrest bail by a co-ordinate Bench of this Court on 30.08.2019 passed in Criminal Miscellaneous No. 54303 of 2019. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Benipur in connection with Bahera P.S. Case No. 230 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/-

U      T

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Patna High Court - Orders