Rasu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3811 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -GOH District- AURANGABAD ======================================================

1. Rasu Yadav, S/o Late Ramsaran Yadav

2. Santar Yadav @ Santan Yadav @ Santar, S/o Baleshwar Yadav

3. Anil Yadav, S/o Dukhan Yadav All are resident of village - Ghato, P.S.- Goh, District - Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. For the State : Mr. C. Jawahar, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 302, 323, 341, 504, 120(B), 147 and 149 of the Indian Penal Code. Considering that no definite opinion with regard to the death of the deceased would be given and the earlier case is a counter blast to another case instituted between the same Parties, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Goh P.S. Case No. 90 of 2014, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each

Patna High Court Cr.Misc. No.3811 of 2015 (2) dt.29-01-2015 2/2 with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) S.