Patna High CourtCR. MISC./52476/2017bail granted

Baidnath Yadav @ Baijnath Yadav And ANR v. The State Of Bihar

2018-01-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52476 of 2017 Arising Out of PS.Case No. -138 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Baidnath Yadav @ Baijnath Yadav, S/o Late Kailash Yadav, R/o Village- Makarpur, P.S.- Makhdumpur, District- Jehanabad.

2. Sarpanch Yadav @ Ravindra Yadav, S/o Ramdeo Yadav, R/o VillageGovraha, P.S.- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Makhdumpur P.S. Case No. 138 of 2015 instituted for the offence under Sections 147, 148, 149, 341, 323, 504, 506, 379 and 307 of the Indian Penal Code.

The allegation against petitioner No. 1 is of assaulting the father-in-law of the informant namely Ram Naresh Yadav with Khanti on his head and the allegation against petitioner No. 2 is of tearing the blouse of the informant with bad intention and also snatching golden chain from her neck.

The injury report of the father-in-law of the informant has been enclosed as Annexure-2 wherein the Doctor has found one injury over mid of scalp which is simple in nature caused by hard and blunt

Patna High Court Cr.Misc. No.52476 of 2017 (3) dt.12-01-2018 2/2 substance.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Makhdumpur P.S. Case No. 138 of 2015, 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 learned Sub Divisional Judicial Magistrate, Jehanabad, 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 bond 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) S.