Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19698 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- NARDIGANJ DistrictNawada ====================================================== 1.

Rajesh Yadav aged about 35 years, male, S/o Late Basudeo Yadav 2.

Gopal Yadav aged about 42 years, male, S/o Late Basudeo Yadav 3.

Ramlakhan Yadav aged about 45 years, male, S/o Jethu Yadav 4.

Ajit Yadav aged about 28 years, male, S/o Krishna Yadav All R/o village- Kesoriya, P.S.- Nardiganj, District- Nawada ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Pramod Kumar Verma, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323, 504, 380, 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Nardiganj P.S. Case No. 28 of 2019.

3. It is submitted that the petitioners have been falsely implicated in retaliation of an earlier similar case bearing Nardiganj P.S. Case No. 27 of 2019 instituted by the petitioner no. 3 against the informant's side. Title Suit No. 63 of 2005 has also been filed which was going on between the parties. No recovery of any incriminating articles has been made from the conscious possession of the petitioners. The accusations are general and omnibus in nature. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.19698 of 2019(2) dt.03-04-2019 2/2

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Deepak Kumar, learned Judicial Magistrate 1st Class, Nawada in connection with Nardiganj P.S. Case No. 28 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives of the petitioners. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T