Nitish Yadav & Ors vs The State Of Bihar on 23 January, 2018

[Cites 8, Cited by 0]

Patna High Court - Orders

Nitish Yadav & Ors vs The State Of Bihar on 23 January, 2018

Bench: Mohit Kumar Shah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.522 of 2018
                     Arising Out of PS.Case No. -36 Year- 2017 Thana -UPHARA District- AURANGABAD
                 ======================================================
                 1. Nitish Yadav, S/o Arun Yadav,
                 2. Paras Yadav S/o Lorik Yadav,
                 3. Dudheshwar Yadav S/o Paras Yadav,
                 4. Vikash Yadav S/o Deo Narayan Yadav,
                 5. Moti Yadav @ Motilal Yadav S/o Ram Prasad Yadav,
                 6. Vinay Yadav S/o Moti Yadav,
                 7. Umesh Yadav S/o Kayil Yadav,
                 8. Upendra Prasad S/o Paras Yadav,
                 9. Noor Miyan S/o Salamat Miyan,
                 10. Laliteshwar Singh S/o Paras Yadav All R/o Village- Bhaluar , P.S.-
                   Uphara, District- Aurangabad.
                                                                        .... .... Petitioner/s
                                                  Versus
                 1. The State of Bihar
                                                                   .... .... Opposite Party/s
                 ======================================================
                 Appearance:
                 For the Petitioner/s     : Mr. Anil Kumar Sinha
                 For the Opposite Party/s : Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                 ORAL ORDER

4   23-01-2018

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 Uphara P.S. Case No. 36 of 2017 registered for the offence punishable under Sections 147, 148, 149, 323, 307 and 353 of the Indian Penal Code and under Section 27 of the Arms Act.

The case of the prosecution is that on account of dispute regarding irrigation, the villagers of two villages were at loggerhead and consequently the said two sides of villagers had entered into altercation amongst themselves resulting in injuries being suffered by both parties.

Patna High Court Cr.M isc. No.522 of 2018 (4) dt.23-01-2018

2/2

The learned counsel for the petitioners submits that the aforesaid occurrence has resulted in lodging of three FIR, one by the accused side of the present case, other by the informant side of the present case and the third one by the Police. The learned counsel for the petitioners further submits that as far as the case filed by the Police is concerned, i.e. Uphara P.S. Case No. 38 of 2017, the petitioners have already been granted bail. It is further submitted that the petitioners, except the aforesaid Uphara P.S. Case No. 36 of 2017 have a fair antecedent.

Having regard to the facts and circumstances of the case more particularly the fact that the present case arise out of case and counter case, I deem it fit and proper to enlarge the petitioners herein on anticipatory bail in the event of ararest or surrender within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Daudnagar, Aurangabad in connection with Uphara P.S. Case No. 36 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/-

 U          T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders