Nikesh Yadav and ors. Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.37165 of 2011 ====================================================== 1.nikesh yadav, son of suresh yadav. 2.manikant yadav, son of sri ranjit yadav. 3.rajesh kumar yadav @ rajesh yadav @ rajesh kumar, son of late kamal yadav. 4.dhanik lal yadav, son of sri dhalay yadav. .... .... petitioner/s versus the state of bihar .... .... opposite party/s ====================================================== coram: honourable mr. justice akhilesh chandra oral order (per: honourable mr. justice akhilesh chandra”23. 01-2012 heard learned counsel for the petitioners and learned additional public prosecutor for the state, who is armed with carbon/xerox copy of the case diary up to paragraph 64 dated 16/09/2011. the petitioners are apprehending their arrest in connection with a case registered for the offence punishable under sections 147, 148, 149, 385, 506, 341, 323, 379 of the indian penal code & 3(x) of s.t./s.c. act, are named accused in this case of assault, snatching of some articles and abuse. submission is that in spite of sustaining some simple injuries, prosecution side has come with false story, 2 patna high court cr.misc. no.37165 of 2011 (3) dt.23-01-2012 2/2 which is squarely covered under a decision of honble apex court in a case of jorgia pentiah vs. state of andhra pradesh reported in 2009 (1) bccr 15 (sc). considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of chief judicial magistrate, saharsa, in connection with sadar p.s. saharsa case no. 481 of 2010 (g.r. no. 1789/2010), subject to condition laid down under section 438 (2) of the code of criminal procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. (akhilesh chandra, j.) praveen-ii/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37165 of 2011 ====================================================== 1.Nikesh Yadav, Son of Suresh Yadav. 2.Manikant Yadav, Son of Sri Ranjit Yadav. 3.Rajesh Kumar Yadav @ Rajesh Yadav @ Rajesh Kumar, Son of Late Kamal Yadav. 4.Dhanik Lal Yadav, Son of Sri Dhalay Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA”

23. 01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph 64 dated 16/09/2011. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 385, 506, 341, 323, 379 of the Indian Penal Code & 3(x) of S.T./S.C. Act, are named accused in this case of assault, snatching of some articles and abuse. Submission is that in spite of sustaining some simple injuries, prosecution side has come with false story, 2 Patna High Court Cr.Misc. No.37165 of 2011 (3) dt.23-01-2012 2/2 which is squarely covered under a decision of Honble Apex Court in a case of Jorgia Pentiah Vs. State of Andhra Pradesh reported in 2009 (1) BCCR 15 (SC). Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Sadar P.S. Saharsa Case No. 481 of 2010 (G.R. No. 1789/2010), subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) Praveen-II/-