Patna High Court - Orders
Paras Yadav & Anr vs State Of Bihar on 6 November, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29000 of 2009
1. RAHUL KUMAR CHOUDHARY, SON OF GAMEN CHOUDHARY
2. GUDDU SAH, SON OF HARI SAH
BOTH RESIDENTS OF VILLAGE SAKARPURA, P.S. MADHEPURA (BHARRAHI), DISTRICT
MADHEPURA.
3. MAHENDRA YADAV, SON OF GANGA YADAV
RESIDENT OF VILLAGE RANIPATTI, P.S. KUMARKHAND, DISTRICT MADHEPURA.
Versus
THE STATE OF BIHAR ---- OPPOSITE PARTY
with
Cr.Misc. No.36174 of 2009
1. PARAS YADAV, SON OF KULANAND PRASAD YADAV, RESIDENT OF VILLAGE AND P.O.
YOGIACHAHI, P.S. SHANKARPUR, DISTRICT MADHEPURA.
2. ASHOK SAH, SON OF LATE LAXMI SAH, RESIDENT OF VILLAGE SHANKARPURA, P.S.
AND DISTRICT MADHEPURA. ---- PETITIONERS
Versus
THE STATE OF BIHAR ---- OPPOSITE PARTY
-----------
2 6.11.2009Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in a case under Sections 147, 148, 149, 307, 341, 342, 323, 379, 364 and 504 of the Indian Penal Code.
It has been argued by the learned counsel for the petitioners that there is no injury report to support the allegation of assault. Besides which it has been submitted that it is strange that Randhir Yadav, one of the persons named in the First Information Report is said to have taken the informant on a motorcycle to produce the informant before the Officer Incharge of the police station. It is also submitted that if any offence was committed as alleged in the First Information Report, the informant could not have been produced by someone in the police station to give his c;ku. Besides which it is submitted that there is also a case filed by one of the accused persons against the informant alleging that he is a criminal and was always 2 demanding 'jaxnkjh' from all the shopkeepers.
Be that as it may, petitioners namely Rahul Kumar Choudhary, Guddu Sah, Mahendra Yadav (in Cr. Misc. No. 29000 of 2009), Paras Yadav and Ashok Sah (in Cr. Misc. No. 36174 of 2009) are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Madhepura (Bharrahi) P.S. Case No. 130 of 2009 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura subject to the conditions laid down under Sections 438(2) of the Cr.P.C.
haque (Sheema Ali Khan, J.)