Rajesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36568 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -ASARGANJ District- MUNGER ======================================================

1. Rajesh Yadav, Son of Jalo Yadav, R/o Village- Navtolia Raghuchak, P.S.- Sultanganj, District- Bhagalpur.

2. Rajesh Yadav Son of Brahmdeo Yadav @ Kedar Yadav, R/o VillageChhoti Koriyan, P.S.- Asarganj, District- Munger.

3. Dharo Yadav Son of Sakaldeo Yadav, R/o Village- Sajuwa, P.S.- Asarganj, District- Munger.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 The petitioners are apprehending their arrest in connection with Asarganj P.S. Case No. 63 of 2017, registered for offences punishable under Sections 341, 307, 504, 148, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act. Allegation against the petitioner is of assault to the informant and causing obstruction, when informant has gone for measurement of land and there is also allegation of firing. It has been submitted on behalf of the petitioners that out and out false and fabricated case has been filed against the petitioners as though there is allegation of assault and firing, however, no one got injured and admittedly, the land in question

belongs to the petitioners.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Munger in connection with Asarganj P.S. Case No. 63 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police 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