Sitaram Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34254 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- SANGRAMPUR District- Munger ======================================================

1. Sitaram Yadav, S/o Late Harihar Yadav,

2. Satish Yadav S/o Sitaram Yadav, Both are Residents of Vill.- Birajpur, P.S.- Sangrampur (Tetiabambar) District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Sah For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sangrampur ( Tetiabambar) P.S. case no. 80 of 2018 instituted for the offence under Section(s) 307,120B, 109, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that there is specific allegation of causing firm arm injury to the informant against co- accused Abhay Yadav. Petitioner no.1 is alleged to be the order giver whereas petitioner no.2 is alleged to have fired which did not hit anybody.

It is submitted that both the petitioners have clean antecedents.

Patna High Court Cr.Misc. No.34254 of 2018(3) dt.12-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sangrampur ( Tetiabambar) P.S. case no. 80 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) 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 tamper 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) shyambihari/- U T