Bali Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19797 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- GOH District- Aurangabad ====================================================== 1.

Bali Ram Yadav Aged 40 years (Male) 2.

Sukhiya Yadav @ Suryadev Yadav, Aged 50 years (Male), Both Sons of Boudh Yadav, 3.

Manoj Yadav, Aged 26 years (Male), Son of Baliram Yadav All resident of Village- Ibrahimpur, P.S.- Goh, District- Aurangabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Binod Kumar Pandey, Advocate For the Opposite Party :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 120(B), 147, 148, 149, 341, 342, 427, 307, 323, 338, 332, 353, 393, 452 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Goh P.S. Case No. 214 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the first information report is against as many as 23 named persons and 30-35 unknown persons. The petitioners are members of the mob and accusations are general and omnibus in nature without any specific accusation attributed to them individually. Similarly situated accused persons namely, Ajay Yadav @ Ajay Rai, Surendra Yadav, Rajesh Kumar @ Rajesh Yadav and Saheb Dayal Yadav @ Dharam Raj Yadav have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 20.12.2018 passed in Cr. Misc. No. 75704 of 2018. The petitioners

Patna High Court CR. MISC. No.19797 of 2019(2) dt.04-04-2019 2/2 claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 214 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioners shall cooperate 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. BT/- (Vikash Jain, J) U T