Santosh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40715 of 2018 Arising Out of PS.Case No. -152 Year- 2018 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Santosh Yadav, S/o Harishankar Yadav,

2. Harishankar Yadav, S/o Late Mohan Yadav, R/o Vill.- Parsa, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Majhaulia P.S. Case No.152 of 2018 instituted for the offence under Section(s) 147, 341, 323, 324, 307, 379 Indian Penal Code. It has been submitted that there is previous land dispute between the parties. Instant case is counter blast of Majhaulia P.S. Case No.153 of 2018 filed by petitioner No.2 on 29.04.2018 against the informant and his family members. It is further submitted injuries have been sustained from both sides. In the instant case, allegation against petitioner No.1 is of assaulting the informant with farsa. Petitioner No.2 is alleged to have assaulted the brother of the Informant and his wife with axe. Injury report of all the injured have been annexed

Patna High Court Cr.Misc. No.40715 of 2018 (2) dt.12-07-2018 2/2 as Annexure-3 series, wherein, doctor has found simple injury on the person of the injured.

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 Majhaulia P.S. Case No.152 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 Chief Judicial Magistrate, Bettiah, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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.