Harihar Nath Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46899 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -PHULPARAS District- MADHUBANI ======================================================
1. Harihar Nath Yadav, son of late Prayag Lal Yadav,
2. Pramod Kumar @ Pramod Kumar Yadav, son of Viswanath Kumar @ Viswa Nath Yadav, Both resident of Village- Siswa Barahi, P.S.- Phulparas, DistrictMadhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : None For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-08-2018 None appeared on behalf of the petitioners. Learned APP for the State is present.
Petitioners apprehend their arrest in Phulparas P.S. Case No.283 of 2017 instituted for the offence under Section(s) 147, 149, 384, 385, 504, 506 Indian Penal Code and Section 27 of Arms Act.
Allegation in the written report is that petitioners along with other accused made indiscriminate firing but nobody sustained injury.
Learned APP has submitted that there are criminal antecedents of the petitioners.
This Court on perusal of the written report finds
Patna High Court Cr.Misc. No.46899 of 2018 (2) dt.25-08-2018 2/3 that occurrence has taken place on account of land dispute. It further appears that there is case and counter case between the parties.
It also appears that the other co-accused has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 02.05.2018 passed in Cr. Misc. No.24226 of 2018.
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 Phulparas P.S. Case No.283 of 2017, 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 Additional Chief Judicial Magistrate-IInd, Jhanjharpur (Madhubani), 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
Patna High Court Cr.Misc. No.46899 of 2018 (2) dt.25-08-2018 3/3
(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/- Rohit Kr.
U T