Rahul Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7678 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- GOGRI District- Khagaria ======================================================
1. RAHUL YADAV, s/o. Mahendra Yadav
2. Amal Yadav s/o. Late Ganesh Yadav
3. Niranjan Yadav Son of Nago Yadav
4. Pankaj Yadav Son of Late Tripurari Yadav
5. Dheeraj Yadav Son of Rajaji Yadav
6. Santosh Yadav Son of Late Yogi Yadav
7. Pawan Yadav Son of Late Yogi Yadav
8. Pappu Yadav Son of Late Ganeshi Yadav All resident of Resident of Village - Paura, P.S.Gogri,District Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-02-2019 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, 341, 323, 385, 387 and 364 IPC and Section 27 of the Arms Act registered in connection with Gogari P.S. Case No. 14/2018, G. R.No. 96A/2018.
3. It is submitted that the petitioners have been falsely implicated and the FIR has beeninstituted against as many as 16 persons including the petitioners, all of whom are family members. There is admitted land dispute between the parties in respect of which Case No. 31(M)/2012 is pending in the Court of Sub Divisional Magistrate, Khagaria. It is submitted that the father of the informant had suo motu gone away and returned the next day as evident from the statement of the informant's tractor driver in course of investigation. The petitioners claim clean antecedents.
Patna High Court Cr.Misc. No.7678 of 2019(2) dt.11-02-2019 2/2
4. Be that as it may, in the event of the 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 Mr. Brajesh Kumar, learned J.M. Ist Class,Khagaria in connection with Gogari P.S. Case No. 14/2018, G. R.No. 96A/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. That the petitioners shall co-operate 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. Chandran/- (Vikash Jain, J) U T