Patna High Court - Orders
Jato Yadav & Ors vs State Of Bihar & Anr on 5 April, 2018
Author: Jitendra Mohan Sharma
Bench: Jitendra Mohan Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17036 of 2018
Arising Out of PS. Case No.-95 Year-2017 Thana- MANPUR District- Nalanda
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1. Jato Yadav son of late Ram Briksh Yadav
2. Rajesh Yadav @ Tantan yadav son of Late Agadhari Yadav
3. Phuto yadav son of Late Agadhari yadav
4. Subodh Yadav @ Surya Yadav son of Agadhari Yadav
5. Mittal Yadav son of Late Kalu Yadav
6. Birju Yadav @ Birju Gope son of Kailu Yadav
7. lallan Gope @ Munnu son of Kailu Yadav
8. Binay Yadav @ Binoy Yadav son of Ram Saran Yadav
9. Raju Kumar son of Deban Yadav
all R/o village- Rahia, P.S.- Shekhopur Sarai, District- Sheikhpura
... ... Petitioners
Versus
State Of Bihar & Anr ... ... Opposite Parties
Appearance :
For the Petitioner/s : Mr. Satyendra Prasad Singh
For the Opposite Party/s : Mr. Sri Upendra Kumar
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER
2 05-04-2018Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Manpur P. S. Case No. 95 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 353, 332, 333, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 4/40 of Bihar Mining Rule and Section 8 (d) of Bihar Mining Act.
Allegedly, the petitioners including other co-accused Patna High Court Cr.Misc. No.17036 of 2018(2) dt.05-04-2018 2/4 were indulged in loading sand stealthily on the tractor and bullock carts from Jirain River near the bridge of Dariyapur and when the informant and others forbade them, they surrounded the informant and other police personnel and attacked on the Police party. Accused Suryabali Yadav, Pappu yadav and Chandan Yadav surrounded the Hawaldar Md. Shamim, accused Binda Yadav gave spade blow on his head, resulting he sustained head injury and fell down and when the informant tried to save him, the petitioners no. 1, 2 and 4 surrounded the informant and started assaulting him and when Hawaldar Chandrama Manjhi and Chaukidar Bundela Paswan came to save him, the accused persons also assaulted them and caused injury on the thigh of Bundela Paswan by means of spade. The accused persons also opened fire upon the Police party. Thereafter, the Police personnel also opened fire in sky to save their lives. Hearing the sound of firing, the villagers started arriving, then the accused persons fled away. They also damaged the Bollero vehcile.
Submission is of false implication and that all the offences are bailable except Sections 353, 307, 332, 379 IPC and Section 27 of the Arms Act. These sections are prima facie not attracted in this case, the allegation of firing is omnibus and Patna High Court Cr.Misc. No.17036 of 2018(2) dt.05-04-2018 3/4 no one has sustained firearm injury. Co-accused Ravi Kumar has been allowed regular bail vide Cr. Misc. No. 44303 of 2017 whereas Rajendra yadav and and seven others have been allowed regular bail vide Cr. Misc. No. 51954 of 2017 and co- accused Dayanand Mahto has been allowed pre-arrest bail vide Cr. Misc. No. 7548 of 2018 by another co-ordinate Bench of this Court and as such the petitioners deserve sympathetic consideration.
Learned APP opposing the prayer of pre-arrest bail submits that against the petitioners no. 1, 2 and 4 there is specific allegation that they surrounded the informant and assaulted him.
In the facts and circumstances, considering the specific allegation against petitioner no. 1, 2, 4 named above, their prayer of pre-arrest bail stands rejected.
So for as petitioners no. 3, 5, 6, 7, 8 and 9 above named are concerned, they, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Nalanda at Biharsharif in Patna High Court Cr.Misc. No.17036 of 2018(2) dt.05-04-2018 4/4 connection with Manpur P. S. Case No. 95 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/-
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