Sachen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22723 of 2019 Arising Out of PS. Case No.-343 Year-2017 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

SACHEN YADAV Son of Upendra Yadav Resident of Village - Barahkurba Toal Baija, P.S.- Trivenianj, Distt.- Supaul. 2.

Mantu Yadav @ Rajesh Son of Brahmdeo Yadav Resident of Village - Barahkurba Toal Baija, P.S.- Trivenianj, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-04-2019 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, 148, 323, 379, 504 IPC registered in connection with Triveniganj P.S. Case No. 343/2017.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute between the parties. The accusation that as many as 10 accused persons were found variously armed is not supported by any injury report showing assault. There is delay in institution of the FIR on 22.10.2017 for the alleged occurrence of 20.20.2017. The accusation of snatching of gold chain by the petitioners is mere embellishment. The petitioners claim clean antecedents.

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

Patna High Court CR. MISC. No.22723 of 2019(2) dt.09-04-2019 2/2 learned ACJM VI, Supaul, in connection with Triveniganj P.S. Case No. 343/2017 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 shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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. 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) Chandran/- U T