Binod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10468 of 2019 Arising Out of PS. Case No.-181 Year-2017 Thana- RAJAOLI District- Nawada ======================================================

1. BINOD YADAV Son of Baleshwar Yadav Resident of Village-Bhour, P.S.- Rajauli , District- Nawdah

2. Sandip Kumar @ Sandip Kumar Son of Lalo Mahto @ Lalo Resident of Village-Bhour, P.S.- Rajauli , District- Nawdah

3. Mahesh Kumar Yadav @ Mahesh Yadav Son of Sohar Yadav Resident of Village-Bhour, P.S.- Rajauli ,District-Nawadah ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rajauli P.S. Case No. 181 of 2017 for the offence under Sections 147, 148, 341, 323, 324 and 307 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the allegation of assault is against co-accused Vikash Yadav and not against these petitioners. It is evident that the allegation against these petitioners is general and omnibus in the First Information Report. There is counter case also registered as Rajauli P.S. Case No. 182 of 2017 in respect of the same occurrence. Considering the nature of accusation despite

Patna High Court Cr.Misc. No.10468 of 2019(2) dt.22-02-2019 2/2 noticing the fact that the petitioners are accused in other cases as mentioned in paragraph 3 of the application, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in Rajauli P.S. Case No. 181 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T