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Patna High CourtCR. MISC./5845/2015disposed

Rambadan Yadav And ORS. v. The State Of Bihar

2015-02-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5845 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Rambadan Yadav Son of Late Balo Yadav

2. Barun Yadav

3. Setho Yadav Both son of Rambadan Yadav All Resident of Village - Hiratol, P.S- Sahebpur, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2015 It is submitted that petitioner no.1, Rambadan Yadav has been arrested, hence application with regard to petitioner no.1 has become infructuous.

The petitioner nos. 2 and 3 are apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that petitioners abused one Chandan Kumar when on protest being made, the brother of the informant was also abused. The accusation of firing is alleged against petitioner no.3 though, no injury was caused to anyone.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.5845 of 2015 (2) dt.13-02-2015 2/2 the accusation has been levelled in the background of political rivalry.

Considering the aforesaid facts, let the above named petitioner nos. 2 and 3 be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Sahebpur Kamal P.S. Case No. 193 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Since petitioner nos. 2 and 3 have criminal antecedent, learned court below will be at liberty to cancel their bail bonds if they substantially get involved in some serious nature of offence or default for two consecutive occasions.

(Dinesh Kumar Singh, J) Amrendra/- U T