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Patna High CourtCR. MISC./26640/2015bail granted

Ram Sewak Yadav And ANR v. The State Of Bihar

2015-10-09Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.26640 of 2015 (4) dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26640 of 2015 Arising Out of PS.Case No. -314 Year- 2014 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Ram Sewak Yadav son of Saini Yadav.

2. Jai Prakash Yadav son of Saini Yadav.

Both resident of village- Dhoi, Police Station- Sadar and DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioners, learned counsel representing the State and learned counsel for the informant.

Petitioners seek bail in connection with Sadar P.S. Case No. 314 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

Allegedly, the petitioners and other FIR named accused persons assaulted the father of the informant with Tengari and other weapons resulting the father of the informant died during treatment.

Patna High Court Cr.Misc. No.26640 of 2015 (4) dt.09-10-2015 Submission is that in this case other co-accused have been allowed bail, Rajendra Yadav has also been allowed bail against whom during investigation it has come that he had assaulted the deceased with Tengari on his head and the petitioners are suffering in custody since 15.04.2015 as such they deserve sympathetic consideration to which the learned APP does not dispute.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 314 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T