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Patna High CourtCR. MISC./48057/2018bail granted

Keshwar Prasad Yadav @ Keswar Prasad Yadav @ Keshav Rai @ Keshaw Kumar Prasad Yadav @ Keshwar Rai A v. The State Of Bihar

2018-08-14Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48057 of 2018 Arising Out of PS.Case No. -184 Year- 2018 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Keshwar Prasad Yadav @ Keswar Prasad Yadav @ Keshav Rai @ Keshaw Kumar Prasad Yadav @ Keshwar Rai Son of Subhash Rai

2. Rajesh Rai S/o Subhash Rai

3. Mahesh Prasad Yadav@ Mahesh Pd. Yadav S/o late Satyadeo Rai All Three R/o Village- Sugaridih, P.S. Runisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Runisaidpur P.S. Case No. 184/2018, instituted for the offences punishable under Sections 341, 323, 324, 379, 307 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the instant case is counter blast of Runisaidpur P.S. Case No. 155/2018, instituted prior to this case on the basis of complaint filed by coaccused Subhash Prasad Yadav (father of petitioner nos. 1 and 2) against the family members of the present informant. In the instant case, petitioners are alleged to have caused injury to the informant with Chhura, lathi and danda etc. Injury report of the informant has

Patna High Court Cr.Misc. No.48057 of 2018 (2) dt.14-08-2018 2/2 been annexed as Annexure-2 which shows that he has sustained simple injury caused by hard and blunt substance. Considering the facts and circumstances of the case, the 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 Runisaidpur P.S. Case No. 184/2018, 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 learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the 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.)