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Patna High Court - Orders

Krishna Yadav vs The State Of Bihar on 14 December, 2020

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33266 of 2020
                   Arising Out of PS. Case No.-348 Year-2020 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
           1.     KRISHNA YADAV
           2.    Hare Ram Yadav Both Sons of Late Nandji Yadav, Both are Resident of
                 Village - Bishunpur, P.S. - Siwan Muffasil, District - Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Prakash Singh, Adv.
                 For the Opposite Party/s :      Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

2   14-12-2020

Heard both sides through Video Conferencing.

The petitioners seek bail in Siwan Muffasil P.S. Case No.348 of 2020 registered under Sections 147, 148, 149, 341, 323, 307, 332, 333, 337, 353, 354, 427, 447, 448, 380, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, Choukidar, alleged that he was waiting at the house of Anup Yadav to execute warrant of arrest issued in another case. In the meantime, the police officials of police station also came there. After sometimes, the petitioner and other accused persons started assaulting the informant and his family members. They also misbehaved with the family members of the informant.

The learned counsel for the petitioners submits that Patna High Court CR. MISC. No.33266 of 2020(2) dt.14-12-2020 2/2 petitioners are of course named in the F.I.R. but no specific allegation of assault is made against the petitioners. Petitioners have no manner of concern with the family affairs of Anup Yadav. The Choukidar in order to take revenge implicated the petitioners in false case. The petitioners are in jail since 04.08.2020.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that petitioners have already remained in jail for more than four months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No.348 of 2020.

(Prabhat Kumar Jha, J) Saurabh/-

U      T