Bipin Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49475 of 2015 Arising Out of Rupauli (Mohanpur) PS. Case No. -51 Year- 2015 Thana -RUPAULI DistrictPURNIA ======================================================

1. Bipin Yadav, S/o Digo Yadav

2. Barun Yadav, S/o Tarni Yadav Both resident of Village -Dhobaniya, P.s Naugachia ,District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav, Adv. For the State : Mr. Ram Shankar Das, (Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02-11-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 447, 307 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 (I)(X) of the SC/ST (Prevention of Atrocities Act).

Considering that for the same cause of action repeated cases have been filed in which the present Petitioners are accused and apart from that they have no criminal antecedents, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Rupaul (Mohanpur) P.S. Case No. 51 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.49475 of 2015 (2) dt.02-11-2015 2/2 Kumar, Judicial Magistrate, 1st Class, Purnea, 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 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.

(iii) 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. (iv) 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.