Patna High CourtCR. MISC./46711/2017bail granted

Shyam Yadav And ANR v. The State Of Bihar

2017-09-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46711 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -BELHAR District- BANKA ======================================================

1. Shyam Yadav Son of Late Mahendra Yadav null

2. Binodi Yadav Son of Late Mahendra Yadav Both are Resident of Village-Amguruwa P.s. Belhar, District Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.

The petitioners seek regular bail in Belhar P.S. Case No.149/2017 registered for the offence under Sections 147, 149, 323, 324, 307, 385, 379, 506 of the I.P.C.

Allegation as per the First Information Report is that the accused persons including the petitioners have obstructed the beneficiaries from taking food stuff from the informant who is P.D.S. Dealer due to which scuffle took place between the informant and the petitioners and the petitioners assaulted the husband of the informant and there is also allegation of assault against the informant.

Submission of the learned counsel for the petitioners is that the informant sustained injury on his hand which will appear from

Patna High Court Cr.Misc. No.46711 of 2017 (2) dt.21-09-2017 2/2 the F.I.R. itself and co-accused Sagar Yadav also sustained grievous injury. The petitioners are in custody for about 5 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.25,000/-each with two sureties of the like amount each to the satisfaction of A.C.J.M.-III, in Belhar P.S. Case No.149 of 2017 subject to the conditions that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bond shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U