Ranjeet Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32957 of 2018 Arising Out of PS.Case No. -86 Year- 2015 Thana -SONBERSA District- SAHARSA ======================================================
1. Ranjeet Yadav,
2. Sanjeet Yadav Both Sons of Late Sunil Yadav, R/o Vill.- Manauri (Manori), P.S.- Sonbarsa Raj, District- Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody on their surrender on 13.03.2018 in connection with S.T. No.140/2016/97/2017, arising out of Sonbarsa Raj P.S. Case No.86/2015, G.R. No.1499/2015, registered for the offences under Sections 302, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners submits that altogether 11 accused persons have been named in the present F.I.R. and the allegation against the petitioners is of having entered the house and broken open the trunk and taken away
Patna High Court Cr.Misc. No.32957 of 2018 (3) dt.04-07-2018 2/3 Rs.50,000/-. Learned counsel for the petitioners further submits that in the charge sheet, no such episode is said to have taken place and Section 379 I.P.C. has not been introduced and only chargesheet has been submitted under Section 302/34 of the I.P.C. So far as the main allegation of firing is concerned, it is against two other co-accused persons and not against the present petitioners. It is further submitted that similarly situated other co-accused Sujit Yadav @ Sujit Kumar Yadav has since been extended the privilege of bail in Cr.Misc. No.29103 of 2018, vide order dated 28.06.2018.
In view of the aforementioned facts and circumstances and also in view of the fact that the petitioners have one other criminal antecedents, in which the petitioners are already on bail, let both the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge, Saharsa, in connection with S.T.
No.140/2016/97/2017, arising out of Sonbarsa Raj P.S. Case No.86/2015, G.R. No.1499/2015, subject to the following conditions:
(1) One of the bailors will be their own blood
Patna High Court Cr.Misc. No.32957 of 2018 (3) dt.04-07-2018 3/3 relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of their failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioners shall co-operate 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. (Anjana Mishra, J) PNM U T