Furgun @ Furgun Yadav @ Furgun Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20304 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- AMAUR District- Purnia ====================================================== 1.

Furgun @ Furgun Yadav @ Furgun Lal Yadav Son of Late Anchit Lal Yadav, 2.

Ramdeo Yadav, Son of Habbu lal Yadav 3.

Bhola Yadav @ Bhola lal Yadav Son of Habbu Lal Yadav 4.

Anil Yadav, Son of Habbu Lal Yadav 5.

Jogindra Lal Yadav @ Jogendra Kumar Yadav, Son of Habbu Lal Yadav 6.

Pandev Lal Yadav @ Pandew Kumar Yadav, Son of Habbu Lal Yadav 7.

Vishnu Yadav @ Vishnu Prasad Yadav, Son of Furgun Yadav 8.

Durga Yadav @ Durganand Yadav, Son of Furgun Yadav All resident of Village- Telanga, P.S.- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najeeb Ahmad For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 447, 379, 504, 354 and 506/34 of the Indian Penal Code. Petitioner no. 7 Vishnu Yadav @ Vishnu Prasad Yadav along with co-accused Naga Yadav allegedly assaulted with sword and spear causing injury at the head of the informant. Since the petitioner no. 7 Vishnu Yadav @ Vishnu Prasad Yadav had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, the

Patna High Court CR. MISC. No.20304 of 2019(2) dt.02-04-2019 2/2 prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court. Other petitioners are carrying general and omnibus allegation of commission of assault and theft, hence, let the petitioners except petitioner no. 7 Vishnu Yadav @ Vishnu Prasad Yadav, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.

20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Amour Police Station Case No. 144 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Rajan/Banti U T