Jitendra Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.32382 of 2017 (5) dt.06-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32382 of 2017 Arising Out of P.S.Case No. -73 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================
1. Jitendra Yadav
2. Upendra Yadav
3. Rajesh Yadav All son of Late Ram Chandra Yadav, resident of Village- Malhara, Police Station- Haspura, District- Aurangabad .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anil Kumar, Advocate For the Opposite Parties : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-09-2017 Heard learned counsel for the petitioners and the State. It is submitted by the counsel for the petitioners that the allegation is with respect to the assault and snatching of the gold chain. The accused and the informant are gotia and substantive land dispute is pending between them in Title appeal no. 44 of 2008, pending in the court of the learned Additional District Judge I, Aurangabad. It is further submitted that even though the occurrence is said to have occurred on 3.4.2017, the FIR has been lodged 11 days thereafter on 14.4.2017 without explaining the delay. Prior to the instant case there is no criminal antecedent of the petitioners.
In the facts and circumstances of the case, prayer for anticipatory bail of all the petitioners is allowed. In the event of arrest or surrender, the petitioners, namely, Jitendra Yadav, Upendra Yadav and Rajesh Yadav shall be released on bail on his furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.32382 of 2017 (5) dt.06-09-2017 Chief Judicial Magistrate, Daudnagar in Haspura police station case no. 73 of 2017, subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
Petitioners would abide by the following terms:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners will cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of their bail.
(Madhuresh Prasad, J) Shashi.
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