Karelal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31843 of 2017 Arising Out of PS. Case No. -682 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Karelal Yadav Son of Gorelal Yadav @ Gorakh Yadav

2. Gorelal Yadav @ Gorekh Yadav, Son of Jamun Yadav Both are resident of Village - Mathar Diyara, P.S. Muffasil, DistrictKhagaria .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bishweshwar Ram, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 07.05.2017 in connection with Khagaria (Muffasil) P.S. Case No. 682 of 2016 for the offences alleged under Sections 341, 342, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated and in any event no recovery of any arms has been made from their conscious possession. The petitioners are only alleged to be members of the mob. The petitioners are on bail in respect of two other prior cases in which they have been made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 682 of 2016 with the following conditions:

(i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv)The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) B.T/Chandran U T