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Patna High CourtCR. MISC./36705/2017bail granted

Hiralal Yadav And ORS v. The State Of Bihar

2017-08-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36705 of 2017 Arising Out of PS.Case No. -163 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Hiralal Yadav, Son of Babulal Yadav,

2. Athmi Yadav @ Ashtani Yadav Son of Hari Yadav,

3. Amod Yadav, Son of Suresh Yadav, All R/o Village- Sikarpur, P.S.- Rajoun, District- Banka.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Lal, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Rajoun P.S. Case No. 163 of 2017 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. Allegation against petitioner No.1 is of assaulting the informant on his head by iron rod and petitioners Nos. 2 and 3 is of assaulting by dangerous weapons.

It has been submitted on behalf of the petitioners that there is case and counter case between the parties and the injuries are simple in nature.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, let the petitioners, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order and on their so

Patna High Court Cr.Misc. No.36705 of 2017 (2) dt.18-08-2017 2/2 surrendering they shall 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 Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. Case No. 163 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds, (iii) Petitioners will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U