Akhilesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40220 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -CHANDI District- BHOJPUR ======================================================
1. Akhilesh Yadav Son of Butan Yadav,
2. Shambhu Yadav Son of Jai Kumar Yadav, Both are R/o VillageKhangaon, P.S.- Chandi , District- Bhojpur.
3. Lal Chandra Yadv Son of Ram Asis Yadav, R/o Village- Hadash Tola, P.S.- Chandi District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Chandi P.S. Case No. 50 of 2017 instituted for the offence under Sections-420, 384, 385, 386/34 of the Indian Penal Code.
It is alleged in the written report that the informant received information that some persons are extracting money from the truck drivers and are giving receipt of the Municipality. The police party arrived and apprehended one person Arvind Kumar @ Munna. It is alleged that three other persons managed to run away which includes the name of these petitioners.
From the written report itself, it appears that incriminating article like receipt, passbook etc were recovered from possession of apprehended accused Arvind Kumar @ Munna. Nothing has been
Patna High Court Cr.Misc. No.40220 of 2017 (2) dt.01-09-2017 recovered from possession of the petitioner. The petitioners have clean antecedent.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chandi P.S. Case No. 50 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bhojpur, Ara subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T