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Vikas Kumar Yadav & Ors vs The State Of Bihar on 4 April, 2018

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
The State of Bihar

…. …. Opposite Party

Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey
For the Opposite Party/s : Smt Renu Kumari


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dismissed as withdrawn as it has become infructuous.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.
Patna High Court Cr.M isc. No.12940 of 2018 (2) dt.04-04-2018


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
Patna High Court Cr.M isc. No.12940 of 2018 (2) dt.04-04-2018


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)


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