Indradeo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59298 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -GOGRI District- KHAGARIA ======================================================
1. Indradeo Yadav, S/o Maheshwar Yadav,
2. Binodi Yadav
3. Pankaj Yadav @ Pankaj Kumar Yadav Both Son of Maheshwar Yadav,
4. Sonu Yadav S/o Dewan Yadav,
5. Rupesh Yadav S/o Dewan Yadav, All R/o Vill.- Usri, P.S.- Gogri, Distt.- Khagaria.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Kishor Poddar For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner seeks anticipatory bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation has been made that the informant used to stay under the terror of the accused persons including the petitioners and they came to her field and harvested the mustard crop. The informant also made allegation that the accused persons made indiscriminate firing.
Learned counsel for the petitioners submits that from
Patna High Court Cr.Misc. No.59298 of 2018 (2) dt.06-10-2018 2/2 perusal of the F.I.R., it does not appear that the firing has been made aiming any person. There is a case and counter case between the parties. Other similarly situated co-accused have been granted anticipatory bail by this Court vide Cr. Misc. No.47847 of 2018 dated 20.08.2018.
Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let the petitioners, above named 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 C.J.M., Khagaria in connection with Gogri P.S. Case No.62 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
It is made clear that if the petitioners will not co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail. (Shivaji Pandey, J) Amit/- U T