Rajesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41544 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -SONBERSA RAJ District- SAHARSA ======================================================

1. Rajesh Yadav

2. Bhavesh Yadav

3. Mukesh Yadav All three are sons of Sikander Yadav @ Ajay Yadav and are resident of Village- Manauri, P.S.- Sonbarsa Raj, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-10-2016 Heard learned senior counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 18.07.2016 in connection with S. Tr. No. 140 of 2016 arising out of Sonbarsa Raj P.S. Case No. 86 of 2015 for the offences alleged under Sections 302, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated and in any event the thrust of accusation of firing upon the deceased is on other accused persons. No specific accusation of any assault whatsoever has been attributed to the petitioners. The accusation with regard to entering into the house and taking away Rs. 50,000/- is on other accused persons.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.41544 of 2016 (2) dt.04-10-2016 2/2 satisfaction of Sri R.K. Tripathi, learned Additional Sessions Judge - III, Saharsa in connection with S. Tr. No. 140 of 2016 arising out of Sonbarsa Raj P.S. Case No. 86 of 2015 with the following conditions: (i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) 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) B.T/Ibrar U T