Uma Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30524 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -CHANDAUTI District- GAYA ======================================================

1. Uma Yadav, son of Mahendra Yadav,

2. Fantoosh Bhagat, son of Jai Ram Bhagat, Both R/o MohallaShahwajpur, P.S.- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 09-08-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Chandauti P.S. Case No.167 of 2016 instituted for the offence under Section(s) 147, 149, 341, 323, 307, 153-A, 295-A, 379 Indian Penal Code.

As per written report, altercation had taken place on account of bringing the bricks for construction of mosque. There is allegation against petitioner No.1 that he took out rupees ten thousand from the pocket of the informant along with Sanjay Yadav. There is general and omnibus allegation against petitioner No.2 that he assaulted the informant along with other accused. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.30524 of 2017 (4) dt.09-08-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chandauti P.S. Case No.167 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T