Sushil Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6882 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- NADI P.S. District- Bhagalpur ======================================================
1. Sushil Yadav, age 55 Years, male, son of Late Parmeshwari Yadav
2. B D O @ Rajnish Yadav, age 35 years (Male), Son of Sushil Yadav
3. C D O @ Ravi Yadav, age 30 years, (Male), Son of Sushil Yadav All are Resident of Village - Bishwapuria, P.S.- Nadi Thana, District, Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.
Petitioners seek bail in Nadi Thana P.S. Case No. 43/2018 registered for the offence punishable under Sections 147, 148, 149, 504, 506, 323, 387, 307, 379 , 327 of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged the petitioners and others named in the F.I.R. came at his having armed with lathi, danda and firearm in their hand, demanded ransom of Rs.50,000/- and Rajnish Yadav and Ravi Yadav took Rs.5000/- from his pocket. The accused persons also assaulted the informant and his Tractor driver, namely, Likesh Yadav with lathi and danda and also fired upon them. They also threatened his family member
Patna High Court Cr.Misc. No.6882 of 2019(2) dt.14-02-2019 2/3 for dire consequences if the case is lodged against them. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. It has been further submitted that there is general and omnibus allegation against the petitioners. There is case and counter case between the parties. Petitioners have got no criminal antecedent and are in custody since 03.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Naugachiya in connection with Nadi Thana P.S. Case No. 43/2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.6882 of 2019(2) dt.14-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T