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Patna High CourtCR. MISC./16709/2021bail granted

Binay Yadav v. The State Of Bihar

2021-11-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16709 of 2021 Arising Out of PS. Case No.-355 Year-2020 Thana- BIHTA District- Patna ====================================================== 1.

BINAY YADAV SON OF RAMESHWAR PRASAD R/O VILLAGE KAMALPUR, (CHIRAIYATARH), P.S- BIHTA, DIST- PATNA 2.

SANJAY PRASAD @ SANJAY KUMAR SON OF RAMESHWAR PRASAD RESIDENT OF VILLAGE- KAMALPUR (CHIRAIYATARH), P,.S BIHTA, DIST- PATNA 3.

SHASHI KUMAR SON OF SHIV SHANKAR YADAV RESIDENT OF VILLAGE- KAMALPUR (CHIRAIYATARH) , P.S- BIHTA, DIST- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Bhushan Mishra, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Petitioner no.3 Shashi Kumar has already been arrested in this case. Hence his prayer for anticipatory bail is dismissed as infructuous.

Heard the parties.

Other petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners bear general and omnibus

Patna High Court CR. MISC. No.16709 of 2021(2) dt.23-11-2021 2/2 allegation of commission of assault. Petitioners have got no criminal antecedent.

Hence, let the petitioners, Binay Yadav and Sanjay Prasad, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bihta P.S. Case No. 355 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T