Ashok Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46674 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -BANDHUWA KURAWA District- BANKA ======================================================
1. Ashok Yadav
2. Guddu Yadav both sons of Damodar Yadav resident of Village - Hanumanta, P.S. - Bandhua Kurawa, District - Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bandhua Kurawa P.S. Case No. 28 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code and 27 of the Arms Act.
There is allegation in the written report that petitioner No. 1 Ashok Yadav made firing and petitioner No. 2 threw bomb causing injury to Ramdeo Yadav and Kaleshwar Yadav. It is also alleged that petitioner No. 1 assaulted Ramdeo Yadav with Sabal on his head and petitioner No. 2 assaulted Pankaj Kumar with Kulhari on his head.
The case diary has been received wherein the injury reports of the injured are available. The doctor has found no
Patna High Court Cr.Misc. No.46674 of 2017 (3) dt.13-10-2017 2/2 fire arm injury or bomb injury. The injury found on the persons of the injured, was caused by hard and blunt object. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Bandhua Kurawa P.S. Case No. 28 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Banka subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T