IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43035 of 2010 1. RUPESH YADAV @ RUPESH KUMAR YADAV son of Shiv Prasad 2. Shiv Prasad Yadav son of late Matuki Yadav. 3. Birbahadur Yadav son of late Matuki yadav. 4. Harendra Yadav son of late Matuki Yadav All R.O.V Mohammadpur Nirmal Tola P.S. Barauli, Dist-Gopalganj. Versus THE STATE OF BIHAR ----------- 2 26.3.2011 1. Heard learned counsel for the petitioners and learned counsel for the State. 2. Petitioners are an accused for offences punishable under sections 457, 380 and 225 o of the Penal Code. 3. Learned counsel for the petitioners submits that the allegation is that while the informant was returning to the house he saw two persons scaling the boundary wall of his house taking away a box where after the informant caught hold one person namely Rupesh Yadav, with the box and confined him in a room and informed the police. In the meantime other accused persons came and assaulted and abused the informant and took away Rupesh Yadav by breaking the doors. 4. Learned counsel submits that petitioners are quite innocent and allegation leveled against them are false and frivolous and there was usual type of dispute between the children due to which the elders of the respective families also started quarrelling and for that reason the petitioners have been falsely implicated although they have committed no such offence. Learned counsel for the petitioner also submits that petitioners are co-villagers of the informant and have got no criminal 2 antecedent. 5. Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender within fifteen days from the date of receipt/production of a copy of this order, the petitioners, namely, Rupesh Yadav, Shiv Prasad Yadav, Birbahadur Yadav, Harndra Yadav are directed to be enlarged on bail on executing bail bond of Rs. 10,000.00(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Gopalganj in connection with Barauli P.S. Case No. 102 of 2010(G.R.No. 1618 of 2010) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Prakash (S.N.Hussain, J.)