Birendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38831 of 2017 Arising Out of PS.Case No. -410 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Birendra Yadav, Son of Late Jaidhari Yadav @ Late Jaldhari Yadav,

2. Kantu Yadav Son of Ishwar Yadav,

3. Chotan Yadav Son of Late Jaidhari Yadav @ Late Jaldhari Yadav, All are R/o Village- Parbhubigha, P.S.- Koshumbha O.P., DistrictSheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate. Mr. Arun Kumar, Advocate.

For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Sheikhpura (Kusumbha O.P.) P.S. Case No. 410 of 2015 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.

It has been submitted that there is no specific allegation against the petitioner in the written report. It is alleged in the written report that Kundan Kumar assaulted the informant with Gadasa on his head, Chandan Kumar assaulted the informant with Bhala on his leg and Shailendra Yadav assaulted the brother of the informant Prakash Yadav with Bhala which he saved the blow with his hand. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.38831 of 2017 (2) dt.28-08-2017 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 410 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, 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) S.Ali/- U T