Aditya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8243 of 2020 Arising Out of PS. Case No.-609 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

ADITYA YADAV Son of Neeru Yadav Resident of Village - Ramsagar(Naghatta), P.S. - Mohanpur (Barachatti), District - Gaya. 2.

Suraj Yadav @ Surajdeo Yadav @ Surajdeo Kumar S/O Neeru Yadav Resident of Village - Ramsagar(Naghatta), P.S. - Mohanpur (Barachatti), District - Gaya.

3.

Raj Kumar Yadav Son of Durjan Yadav Resident of Village - Ramsagar (Naghatta), P.S. - Mohanpur (Barachatti), District - Gaya. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Barachatti (Mohanpur) PS Case No. 609 of 2018 registered under Sections 147, 149, 341, 323, 307, 504 and 504 IPC.

The accused persons are said to have descended at the place of occurrence and indulged in assault of informant and his other family members.

Learned Counsel appearing for the petitioners submits that the petitioners have been attributed the allegation of intimidating as they were standing with arms. There is no allegation that they have used the arms to inflict injury to any person. Specific allegation of assault is against Bhagirath Yadav who has been granted anticipatory bail in Cr.Misc. No. 25157 of 2019.

Learned APP has opposed the prayer for bail.

Considering the rival submissions this Court is inclined

Patna High Court CR. MISC. No.8243 of 2020(2) dt.28-02-2020 2/2 to accept the submission on behalf of the petitioners. The prayer is allowed.

In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Sherghati, Gaya in Barachatti (Mohanpur) PS Case No. 609 of 2018 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T