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Patna High CourtCR. MISC./76735/2018bail granted

Dinesh Yadav And ORS v. The State Of Bihar

2019-01-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76735 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- BAHADURPUR District- Darbhanga ======================================================

1. Dinesh Yadav and Ors Son of Palat Yadav,

2. Mahesh Yadav, Son of Palat Yadav,

3. Tej Narayan Yadav, Son of Late Bilat Yadav,

4. Mohan Yadav, Son of Late Bilat Yadav,

5. Sandeep Yadav, Son of Shiv Tahal Yadav,

6. Raja Ram Yadav, Son of Late Bilat Yadav,

7. Shiv Tahal Yadav, Son of Mana Yadav,

8. Raj Karan Yadav, Son of Late Bilat Yadav, All are residents of VillageGhorghatta, P.S.- Bahadurpur Fekla O.P., District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singhapp ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2019 A supplementary affidavit has been filed on behalf of the petitioners, which is taken on record.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Bahadurpur (Fekla O.P.) P.S. Case No. 76 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 509 and 436 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioners, has submitted that charge sheet has already been submitted by the Police, but for the offences punishable under Sections 147, 148, 323, 504 and 509 of the Indian Penal Code and not for the offences punishable under Section 307 of the

Patna High Court Cr.Misc. No.76735 of 2018(3) dt.16-01-2019 2/2 Indian Penal Code. It is also submitted that the informant and the petitioners are agnates and certain dispute between two families is the reason behind lodging of the present case. Considering the fact that the Police have already been submitted the charge sheet, keeping in mind the nature of accusation this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 76 of 2018, subject to the condition 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) Ashish/- U T