Ram Bahadur Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52597 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -ALINAGAR District- DARBHANGA ======================================================

1. Ram Bahadur Yadav, S/o Late Damodar Yadav,

2. Vishundeo Yadav, S/o Ram Bahadur Ydav, Both are R/o VillageAlinagar, Tole- Kajimpur, P.S.- Alipur, District- Darbhanga. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioners seek regular bail in connection with Alinagar P.S. Case No. 19 of 2017, registered for offences punishable under Sections 341, 323, 506, 307/34 of the Indian Penal Code.

Allegation against the petitioners and others is that they entered into the house of informant and fired on the husband of the informant causing injury to him.

It has been submitted on behalf of the petitioners that there is no eye witness of the occurrence and there is no allegation against the petitioners of firing causing injury to the informant, which will appear from the fact that the injured in his statement has also not named these petitioners as assailant. They have been in custody since 28.08.2017.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail, however, they could not controvert that the injured has not named these petitioners as assailant.

Having heard both sides, in view of the facts as stated above, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Benipur, Darbhanga, in connection with Alinagar P.S. Case No. 19 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two

consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T