Surwain Yadav @ Suwen Yadav vs The State Of Bihar on 17 August, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.27519 of 2011
                  Surwain Yadav @ Suwen Yadav, Son of Late Bholi Yadav
                                            Versus
                                    The State Of Bihar
                                          -----------

2 17.08.2011 Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection

with a case registered for the offence under Sections 147, 148,

149, 323, 324, 341, 307, 452, 380 and 436 of the Indian Penal

Code and 27 of the Arms Act.

It is submitted on behalf of the petitioner that save and

except Sections 307, 380, 452, 436 of the Indian Penal Code and

27 of the Arms Act, other offences are bailable in nature. There

is counter case being Jadiya P.S. Case No. 6 of 2010 against the

informant and others. The allegation of firing is against co-

accused Daya Yadav and Sunil Sah and the allegation of

committing mischief by setting fire to dwelling house of the

informant is against Umesh Yadav. Twelve of the co-accused

who are identically situated to that of the petitioners namely

Brahmdeo Yadav, Kari Rishideo, Ramu Rishideo, Phushan

Rishideo, Munshai Rishideo, Chichai Rishideo, Ravi Rishideo,

Mahendra Rishideo, Shuven Rishideo @ Shoran Rishideo, Md.

Haidar, Jai Ram Yadav and Rameshwar Yadav have already

been granted anticipatory bail by order dated 04.05.2011 in Cr.

Misc. No. 12112 of 2011. It is submitted that the case of the

petitioner stands on identical footing to that co-accused who
2

have already been allowed anticipatory bail by this Court.

Considering the aforesaid submissions, let the

petitioner, namely Surwain Yadav @ Suwen Yadav in the event

of arrest or surrender before the court below within a period of

four weeks from the date of communication of the order be

released on bail on furnishing bail bonds of Rs. 5,000/- (five

thousand) with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Supaul in connection

with Jadiya P.S. Case No. 05 of 2010, G.R. No. 51 of 2010

subject to the conditions as laid down under Section 438(2) of

the Cr. P.C.

(Ashwani Kumar Singh, J.)
Md. Ibrarul