IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12940 of 2018
Arising Out of PS.Case No. -208 Year- 2017 Thana -PHULWARIA District- GOPALGANJ
1. Vikas Kumar Yadav
2. Rakesh Kumar Yadav @ Rakesh Yadav, Both sons of Babulal Yadav
3. Lagani Devi, wife of Babulal Yadav
4. Babulal Yadav @ Babunand Yadav, son of Late Bachcha Yadav, All are
Resident of Village- Paikauli Badhu, P.S.- Phulwaria, District- Gopalganj.
…. …. Petitioners
Versus
The State of Bihar
…. …. Opposite Party
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey
For the Opposite Party/s : Smt Renu Kumari
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
2 04-04-2018 At the very outset, learned counsel for the petitioners has
submitted that petitioner No.4 Babulal Yadav @ Babunand Yadav
has been arrested during the pendency of this application, as such,
he seeks permission to withdraw this application with respect to
petitioner No.4.
This application with respect to petitioner No.4 is
dismissed as withdrawn as it has become infructuous.
Heard learned counsel for the petitioners.
This is an application for grant of anticipatory bail in
connection with Pulwaria P.S.Case No. 208 of 2017 registered for
the offences punishable under Section 147, 148, 323, 324, 325,
326, 354, 379, 504, 506 and 307 of the Indian Penal Code.
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Allegation against petitioner No.1 is of assault by farsa to
the informant, petitioner No.2 by farsa to son of informant,
namely, Naresh Yadav and against petitioner No.3 is of assault by
lathi to Durgawti Kumari, causing injuries to them and there is
also an offence under Section 354 IPC.
Submission of learned counsel for the petitioners is that
the injuries are simple in nature except the injury on Naresh
Yadav, which is grievous in nature caused by petitioner No.2 and
Section 354 IPC is super addition.
Heard learned APP also.
Having heard both sides and in the facts and
circumstances, let the petitioners Nos. 1 and 3, above named, in
the event of their arrest or surrender, be released on bail on
furnishing bail bonds of Rs.25,000/- (Rupees twenty five
thousand) each with two sureties of the like amount each to the
satisfaction of the Additional Chief Judicial Magistrate-XIII,
Gopalganj, in connection with Pulwaria P.S.Case No. 208 of 2017,
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure and further condition is that one of
the bailors shall be a local person having sufficient immoveable
properties within the jurisdiction of court concerned.
So far prayer for anticipatory bail of petitioner No.2 is
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concerned, I am not inclined to grant him anticipatory bail. He
should surrender and pray for regular bail which shall be
considered on its own merit.
(Vinod Kumar Sinha, J)
spal/-
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