Pramod Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7550 of 2016 Arising Out of PS.Case No. -272 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================

1. Pramod Yadav Son of Raj Kumar Yadav

2. Binod Yadav Son of Budhan Yadav Both Resident of village - Yodha Bigha, P.S. Barachatti, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barachatti Police Station Case No. 272 of 2015, disclosing offences under Sections 341, 323, 337, 338, 307, 379 and 504/34 of the Indian Penal Code. Learned Counsel for the petitioners submits that petitioner no. 1 is an agnate of the informant; whereas petitioner no. 2 is a co-villager. The petitioners have no criminal antecedent. It is submitted that the petitioners have been implicated because of long pending dispute. He has also submitted that the First Information Report has been instituted after five days of the alleged occurrence and there is no explanation of the delay in lodging of the First

Patna High Court Cr.Misc. No.7550 of 2016 (2) dt.17-03-2016 2/2 Information Report.

Considering the facts and circumstances and the submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Pramod Yadav and Binod Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri N. P. Singh, Judicial Magistrate, 1st Class, Sherghati, Gaya, in connection with Barachatti Police Station Case No. 272 of 2015, 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.) Prabhakar Anand/- U √ T √