Krishna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6261 of 2020 Arising Out of PS. Case No.-441 Year-2019 Thana- ATRI District- Gaya ====================================================== 1.
KRISHNA YADAV S/o Late Sukar Yadav R/o village- Rangpur, P.S.- Atri, District- Gaya 2.
Pappu Yadav S/o krishna Yadav R/o village- Rangpur, P.S.- Atri, DistrictGaya 3.
Brijnandan Yadav S/o Sukar Yadav R/o village- Rangpur, P.S.- Atri, DistrictGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Gupta For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 448, 341, 323, 379, 324, 307, 504 and 506/34 of the Indian Penal Code, registered in connection with Atri P.S.Case No. 441 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusation of assault is general and omnibus in nature without any specific assault attributed individually. The opinion in respect of the injury has
Patna High Court CR. MISC. No.6261 of 2020(2) dt.03-03-2020 2/3 been kept reserved. The petitioners claim clean antecedents.
4. Be that as it may, in the event of petitioners' arrest or surrender before court below within four weeks from the date of communication of this order, let the above named petitioners be released on provisional bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIVth, Gaya in connection with Atri P.S.Case No. 441 of 2019, 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) That 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
Patna High Court CR. MISC. No.6261 of 2020(2) dt.03-03-2020 3/3 learned Court concerned.
5. The provisional bail granted to the petitioners shall be confirmed by the learned court below upon verification within a further period of four weeks after furnishing bail bonds that no grievous injury has been caused to any one, conversely their bail bonds shall stand automatically cancelled. (Vikash Jain, J) HR/- U T