Patna High CourtCR. MISC./45867/2013bail granted

Jagdish Yadav And ORS. v. The State Of Bihar

2013-12-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45867 of 2013 ======================================================

1. Jagdish Yadav S/O Late Shibu Yadav Resident Of Village- Rajni Pokhar Tola, P.S. Murliganj, District- Madhepura

2. Dayanand Yadav S/O Late Shibu Yadav Resident Of Village- Rajni Pokhar Tola, P.S. Murliganj, District- Madhepura

3. Deonandan Yadav @ Deonandan Pd. Yadav S/O Late Shibu Yadav Resident Of Village- Rajni Pokhar Tola, P.S. Murliganj, DistrictMadhepura

4. Shambhu Yadav @ Shambhu Kumar Yadav S/O Bishundeo Yadav Resident Of Village- Rajni Pokhar Tola, P.S. Murliganj, DistrictMadhepura .... .... Petitioner

Versus

1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Kumar Vishoka Nand, advocate For the Opposite Party : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-12-2013 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 447, 341, 323, 304, 307, 379, 504/34 of the Indian Penal Code.

It is contended on behalf of the petitioners that, even as per the allegation, no offence under section 307 of the Indian Penal Code is made out and there is case and counter case. Learned counsel for the petitioners submits that in similar

Patna High Court Cr.Misc. No.45867 of 2013 (3) dt.24-12-2013 2/2 circumstance other co-accused, namely, Raghunandan Yadav, has been granted regular bail by this court vide order dated 12.11.2013 passed in Cr. Misc. No. 42536 of 2013. He submits that the allegation is of causing assault by means of Lathi only and that the petitioners have absolutely no criminal antecedent. In view of submission, as above, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today be released on bail on their furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in Murliganj P.S. case No. 108 of 2013, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

It is, however, made clear that the petitioners will be required to make themselves available before the police as and when required and if they fail to do so, the prosecution shall be at liberty to approach this court for cancellation of their bail bonds. (Chakradhari Sharan Singh, J) BKS/-