Kameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27464 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- CHAKAI District- Jamui ====================================================== 1.

KAMESHWAR YADAV, Son of Saryu Yadav 2.

Karu Yadav, Son of Saryu Yadav 3.

Madhu Yadav, Son of Karu Yadav 4.

Vijay Yadav, Son of Kameshwar Yadav All are residents of Village-Baratanr, P.S-Chakai, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chakai Police Station Case No. 134 of 2018 for the offence punishable under Sections 341/323/325/504/379/34 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioners has submitted that the petitioners belong to the same family and other than Section 379 of the Indian Penal Code, as has been levelled, all the offences are bailable. The allegation, making out of offence under Section 379 of the Indian Penal Code, is apparently superimposition, he contends.

Patna High Court CR. MISC. No.27464 of 2019(2) dt.26-04-2019 2/2 I find substance in the submission made by the learned Counsel for the petitioners.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Jamui, in Chakai P.S. Case No. 134 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U T