Suresh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46850 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -PIPRA District- SUPAUL ======================================================
1. Suresh Yadav, Son of Dhirendra Yadav,
2. Pawan Yadav, Son of Surya Narayan Yadav,
3. Shiv Narayan Yadav, Son of Yugeshwar Yadav,
4. Ashok Yadav, Son of Yugeshwar Yadav,
5. Yugeshwar Yadav @ Yugeshwar Yadav, Son of Late Bibi Lal Yadav,
6. Dhirendra Yadav, Son of Late Bibi Lal Yadav,
7. Madhusudan Yadav @ Maksudan Yadav, Son of Late Baldeo Yadav, All are residents of Village- Bishanpur, P.S.- Pipra, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 504, 506 and 307 of the Indian Penal Code and 27 of Arms Act.
There is a case and counter case between the parties. Petitioner no.1 (Suresh Yadav) has filed a case against the informant bearing Pipra P.S.Case no. 100 of
Patna High Court Cr.Misc. No.46850 of 2017 (2) dt.09-10-2017 2/3 2017. As per written report petitioner no.1 caused injury with Farsa on the head and thumb of left hand of the informant, petitioner no.2 inflicted Farsa blow causing injury to the mother of the informant. The allegation against petitioner no. 3 is that he along with Ashok Yadav and Shyam Sundar Yadav assaulted the cousin brother of the informant. All the injuries are simple in nature.
It is submitted that except these three persons no other person has sustained injury.
Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. Let the above named petitioners, in the event of their arrest/surrender in the court below within a period of six weeks from today, 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 learned Additional Chief Judicial Magistrate-III, Supaul in Pipra P.S.Case no. 99 of
Patna High Court Cr.Misc. No.46850 of 2017 (2) dt.09-10-2017 3/3 2017,subject to the conditions as laid down u/s 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 bonds of the petitioners and
(3) if petitioners tamper with the evidence or with witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) singh/- U