Jai Prakash Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18054 of 2015 Arising Out of PS.Case No. -160 Year- 1999 Thana -TRIVENIGANJ District- SUPAUL ======================================================
1. Jai Prakash Yadav, Son of Late Ayodhi Yadav
2. Indradeo Yadav@Bhutkun Yadav, son of Late Ayodhi Yadav
3. Rajendra Yadav@Najir Yadav, Son of Late Ayodhi Yadav
4. Dhirendra Yadav, Son of Late Ayodhi Yadav
5. Raj Kumar Yadav, Son of Rameshwar Yadav
6. Shiv Kumar Yadav, Son of Rameshwar Yadav
7. Ful Kumar Yadav, Son of Rameshwar Yadav
8. Vijay Kumar Yadav@Bijo Yadav, Son of Late Bhubneshwar Yadav
9. Vidyanand Yadav, Son of Late Bhubneshwar Yadav
10. Surendra Yadav, Son of Tunni Lal Yadav
11. Ram Sagar Yadav, Son of Tunni Lal Yadav All 1 to 11 are Resident of Village- Kushaha, P.S- Tribeniganj, District- Supaul .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. R.B.Rai Raman(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-09-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Tribeniganj P.S. Case No.160 of 1999 for allegedly having committed the offences under Section 302, 201 and 120B of the Indian Penal Code.
Learned counsel for the petitioners submits that the present case is of the year 1999 in which omnibus allegation was
Patna High Court Cr.Misc. No.18054 of 2015 (3) dt.15-09-2015 2/3 made on the basis of mere suspicion against these petitioners. Subsequently, on 21.8.2002 final form was submitted and the case was closed for want of evidence. However, subsequently, in the year 2013, vide order dated 11.12.2013, cognizance of the offence has been taken against these petitioners. Learned counsel for the petitioners further submits that the allegation is only general and only on the basis of suspicion. Learned counsel submits that the petitioners shall co-operate at all possible stages so that the case is reached to its logical conclusion.
Considering the vague nature of allegations made against these petitioners, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 S.C. Shrivastava, learned Judicial Magistrate, Supaul, in connection with Tribeniganj P.S. Case No.160 of 1999, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
It is, however, made clear that the petitioners shall render themselves available in the court below on each date and
Patna High Court Cr.Misc. No.18054 of 2015 (3) dt.15-09-2015 3/3 shall not abstain from attending the court. If they fail to attend the court on two dates consecutively, it shall be open for the court below to take appropriate action in accordance with law. (Anjana Mishra, J) PNM U T