Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7820 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

Binod Yadav, Son of late Ramprasad Yadav 2.

Dhananjay Kumar @ Dhananjay Yadav @ Chaitu Yadav, Son of Binod Yadav Both Resident of Village - Pansuhi, P.S.- Dulhin Bazar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jayram Sharma, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 341, 307, 34 of the Indian Penal Code and section 27 of Arms Act. Informant has alleged that on 21.03.2019 at about 7:00 P.M. while he was sitting in Tempo shed, Binod Yadav (petitioner) and Dhananjay Yadav surrounded and told to shoot him upon which co-accused Madhir Yadv fired upon him and he started fleeing then Mahesh Yadav fired upon him which

Patna High Court CR. MISC. No.7820 of 2020(2) dt.28-02-2020 2/3 missed.

It has been submitted on behalf of the petitioners that they are innocent. The parties are Gotia and the petitioners have falsely been implicated in this case due to family and property dispute. There is no any injury sustained by any person.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dulhin Bazar P.S. Case No. 74 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C 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 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.7820 of 2020(2) dt.28-02-2020 3/3 to move for cancellation of bail of the petitioners. (S. Kumar, J) Rajiv/- U T