Sahjanand Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5930 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -KIHIRI MORE District- PATNA ======================================================

1. Sahjanand Yadav Son of Suba Yadav

2. Awadhesh Yadav Son of Sahjanand Yadav

3. Sushila Devi W/o Sahjanand Yadav All are residents of Village Taranpur, P.S. - Khiri More, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. D.P. Tiwary, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khiri More P.S. Case No. 06/2016 registered for offence punishable under Sections 341, 323, 448, 379, 307, 337 and 504/34 of the Indian Penal Code.

The allegation against the petitioners is of assaulting with lathi, farsa and danda to the informant and his other family members by pelting bricks and stones upon which his younger brother's wife became senseless.

It has been submitted that there is case and counter case between the parties. There has been free fight between the parties and injuries have been sustained by both sides. It is also submitted that there is general and omnibus allegation against all the

Patna High Court Cr.Misc. No.5930 of 2017 (6) dt.03-04-2017 2/2 petitioners and injuries have been found to be simple in nature, annexed as Annexure-3 series.

Considering the above facts and circumstances of the case, let the petitioners, in the event of their surrender/arrest, within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each in connection with Khiri More P. S. Case No. 06/2016 to the satisfaction of learned Additional Chief Judicial Magistrate- III, Danapur ( Patna), 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, (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 bonds 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) Sudha/- U T