Pairu Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46528 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Pairu Yadav, Son of Saheb Yadav

2. Sonu Yadav, Son of Ganesh Yadav

3. Dinesh Yadav, Son of Souli Yadav

4. Saheb Yadav, Son of Late Kartik Yadav

5. Ajay Yadav, Son of Bisheshwar Yadav

6. Mithu Yadav, Son of Yogendra Yadav

7. Rajiv Yadav, Son of Sachida Yadav

8. Ravi Yadav @ Ravi Kumar Yadav, Son of Pande Yadav All resident of village - Parasbanna, P.S. Pirpainty, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Adv. For the State : Mr. Ambika Bhagat, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-10-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 323, 341, 504, 34 of the Indian Penal Code and Sections 3(i)(x) of the SC/ST Act. Considering the genesis of occurrence and the fair antecedents of the Petitioners, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Pirpainty P.S. Case No. 116 of 2014, G.R. No. 1716 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any

Patna High Court Cr.Misc. No.46528 of 2015 (2) dt.15-10-2015 2/2 other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, Bhagalpur, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Anjana Prakash, J) S.