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Patna High CourtCR. MISC./6741/2019bail granted

Hare Ram Yadav @ Hareram Yadav And ANR v. The State Of Bihar

2019-02-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6741 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- LAUKAHI DistrictMadhubani ======================================================

1. Hare Ram Yadav @ Hareram Yadav aged about 48 years, Male, son of Late Utim Lal Yadav @ Uttim Lal Yadav

2. Amod Kumar Yadav @ Amod Yadav @ Tamatar Yadav @ Amod Kumar aged about 22 years, Male, son of Maksudan Yadav Resident of VillageDhabahi, P.S.- Laukahi, District - Madhubani ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Manish Kumar No 13, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 447, 506 of the Indian Penal Code and 25(1-b)A, 26, 27 of the Arms Act registered in connection with Laukahi P.S. Case No. 82 of 2018 corresponding to G.R. No. 735 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the petitioners have not been named in the F.I.R. and the petitioners' name has come in course of investigation. Petitioners' case stand on better footing than co-accused Umesh Yadav and Dinesh Yadav who are F.I.R. named accused have been granted anticipatory bail by this Court in Cr. Misc. No. 55083 of 2018. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the

Patna High Court Cr.Misc. No.6741 of 2019(2) dt.08-02-2019 2/2 petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur (Madhubani) in connection with Laukahi P.S. Case No. 82 of 2018, corresponding to G.R. No. 735 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T