Prasadi Prasad Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16988 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Prasadi Prasad Yadav, Son of Jageshwar Yadav,

2. Akhilesh Kumar, Son of Prasadi Prasad Yadav, Both Resident of VillageKebal, P.S. Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered under Sections 149, 341, 323, 506 and 307 of the Indian Penal Code.

It has been submitted that the instant case is counter blast of Fatehpur P.S.Case No.217 of 2016 registered by petitioner no.1 against the informant and in that case grievous injuries were found on petitioner no.1. As per written report it is alleged that all the accused persons assaulted the informant and one Jeetan Yadav. He sustained injury on the head. It appears that the occurrence has taken place due to land dispute. There is a case and counter case between the parties in which petitioner no.1 has sustained injury. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.16988 of 2017 (2) dt.15-05-2017 2/2 the case, the prayer for anticipatory bail of the petitioners is allowed. Let, above named petitioners, in the event of their arrest/surrender in the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ramesh Kumar, learned Judicial Magistrate, 1st Class,Gaya, in connection with Fatehpur P.S.Case No. 218 of 2016, subject to the conditions as laid down u/s 438(2) Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (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) singh/- U T