Ramakant Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8123 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -HASPURA District- AURANGABAD ======================================================
1. Ramakant Yadav
2. Umakant Yadav Both Sons of Lorik Yadav @Punit Yadav
3. Ganauri Yadav Son of Birbal Yadav All Resident of Village- Hari Bigha , Police Station- Haspura, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma Mr. Bipin Kumar For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 The petitioners are apprehending their arrest in connection with Haspura P.S. Case No. 218 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act. It has been submitted on behalf of the petitioner that the allegation against the petitioner no. 1 is that he came armed with rifle, however he assaulted the informant by the butt portion of the rifle, which itself shows that there was no intention to kill the informant and the allegation against petitioner no. 2 is that he assaulted the informant by the handle of the handpump and petitioner no. 3 assaulted the informant by means of Khanti, but the injuries are not caused to the vital part of the body. The present
Patna High Court Cr.Misc. No.8123 of 2017 (2) dt.28-02-2017 2/3 dispute arose on account of the fact that some money of petitioner no. 1 was due to the informant for which the informant gave a cheque to petitioner no. 1, which bounced back and when the petitioners approached the informant and asked the informant to return their money, instead of returning the money, the present case has been filed by him.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and the nature of offence, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 218 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the conditions that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
Patna High Court Cr.Misc. No.8123 of 2017 (2) dt.28-02-2017 3/3 (ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T