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Patna High CourtCR. MISC./56408/2017bail granted

Nago Yadav And ORS v. The State Of Bihar

2017-12-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56408 of 2017 Arising Out of PS.Case No. -414 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Nago Yadav, Son of Late Todi Yadav,

2. Jatan Yadav, Son of Nago Yadav,

3. Sanjay Yadav, Son of Nago Yadav,

4. Raju Yadav @ Komal Yadav, Son of Nago Yadav, All resident of Village- Kahudag, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 22-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Barachatti P.S. Case No.414 of 2017 instituted for the offence under Section(s) 436, 427 Indian Penal Code.

Allegation against the petitioners in the written report is that the petitioners set the house of the informant on fire. Case diary has been received, wherein, police has described the place of occurrence in para 8, in which police has stated that nothing noticeable was found at the place of occurrence.

As per police, no sign of burn was found at the place of occurrence.

Patna High Court Cr.Misc. No.56408 of 2017 (4) dt.22-12-2017 2/2 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 Barachatti P.S. Case No.414 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) JA/- U T