Chandeshwar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40173 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Chandeshwar Yadav son of Ganga Yadav,

2. Jitendra Yadav son of Mahadeo Yadav.

3. Sitaram Yadav son of Late Bhola Yadav.

4. Sato Yadav son of Bhubneshwar Yadav.

5. Rajlal Yadav son of Late Kant Yadav.

6. Birendra Yadav son of Bhubneshwar Yadav.

7. Mahadeo Yadav son of Late Hari Nandan Yadav. All Resident of Village- Uchhal, P.S.- Basopatti, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kripa Nand Jha For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Basopatti P.s.Case no.70 of 2018 , registered for offences punishable under Sections 147, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Allegation against the petitioners is of assault to the uncle of the informant.

Submission of the learned counsel for the petitioners is that there is general and omnibus against the petitioner and there is case and counter case between the parties.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.40173 of 2018 (2) dt.11-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-Vth, Madhubani in connection with Basopatti P.S.Case No.70 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With 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 co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T