Vijay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12110 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Vijay Yadav, S/o Late Saheb Yadav,

2. Pramod Yadav, S/o Surendra Yadav, Both are resident of Village- Nonia Bigha, P.S.- Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 The petitioners are apprehending their arrest in connection with Nabinagar P.S. Case No. 144 of 2016, registered for offences punishable under Sections 341, 323, 354, 504 and 506 Indian Penal Code.

It has been submitted on behalf of the petitioners that only even from perusal of the F.I.R and allegation, it will appear that no case under Section 354 of Indian Penal Code is made out against the petitioners. Petitioners have been falsely implicated in this case as on the same day, he was assaulted by the informant and other for which, they have lodged a complaint case against the informant and others.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances and also in view of the fact that there is case and counter case between the parties and only general and omnibus

Patna High Court Cr.Misc. No.12110 of 2017 (2) dt.23-03-2017 2/2 allegation has been levelled, as such, let 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 CJM, Aurangabad in connection with Nabinagar P.S. Case No. 144 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition 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.

(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 will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T