Arun Yadav @ Arun Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23052 of 2017 Arising Out of PS.Case No. -409 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Arun Yadav @ Arun Kumar, Son of Rajdeo Yadav,
2. Mithun Yadav Mithun Kumar, Son of Rajdeo Yadav, Both resident of Village- Maheshuwa, P.S. Madhepura, District- Madhepura.
3. Ravindra Yadav @ Devendra Yadav, Son of Bindeshwari Yadav, resident of Village- Maheshuwa, P.S. Madhepura, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The petitioners seek regular bail in connection with Madhepura (Bharahi) P.S. Case No. 409 of 2016, registered for offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.
Allegation against the petitioners and other accused persons is of assault to the husband of the informant causing injuries to him.
It has been submitted on behalf of the petitioners that no specific allegation has been attributed to any of the petitioners of assaulting which part of the body of the husband of the informant. It has further been submitted that petitioners have falsely been implicated on the backdrop of land dispute and they have been in
Patna High Court Cr.Misc. No.23052 of 2017 (3) dt.29-06-2017 2/3 judicial custody since 23.02.2017.
Learned counsel for the State opposed the prayer for bail and submitted that one of the injuries caused to the injured was found to be grievous in nature.
Having heard both sides, in view of the fact that no specific allegation has been made as to who assaulted on what part of the body of the injured and also petitioners have no criminal antecedents and have been in judicial custody sine 23.02.2017, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura, in connection with Madhepura (Bharahi) P.S. Case No. 409 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and
Patna High Court Cr.Misc. No.23052 of 2017 (3) dt.29-06-2017 3/3 when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T