Bhuneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32122 of 2019 Arising Out of PS. Case No.-28 Year-2015 Thana- KURTHA District- Jehanabad ====================================================== 1.

BHUNESHWAR YADAV Son of Late Accu Yadav Resident of VillageSukul Bigha, P.S- Kurtha, District- Arwal. 2.

Raj Bali Yadav Son of Bhuneshwar Yadav, Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal.

3.

Ramjanam Yadav Son of Bhuneshwar Yadav Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal.

4.

Ram Eqbal Yadav Son of Bhuneshwar Yadav, Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal.

5.

Pappu Kumar Son of Rajbali Yadav Resident of Village-Sukul Bigha, P.SKurtha, District-Arwal. 6.

Jageshwar Yadav @ Mungeshwar Yadav Son of Late Agnu Yadav Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal. 7.

Manoj Yadav Son of Mungeshwar Yadav Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal.

8.

Deo Prasad Yadav Son of Kalu Yadav, Resident of Village-Sukul Bigha, P.SKurtha, District-Arwal. 9.

Sri Ram Yadav, Son of Deo Prasad Yadav, Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal.

10.

Siya Ram Yadav, Son of Deo Prasad Yadav, Resident of Village-Sukul Bigha, P.S-Kurtha, District-Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jogendra Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 395, 364(A)/34 of the Indian Penal Code registered in connection with Kurtha P.S. Case No. 28 of 2015.

3. It is submitted that the petitioners have been falsely implicated

Patna High Court CR. MISC. No.32122 of 2019(3) dt.08-08-2019 2/2 and there is case and counter case between the parties. After due investigation charge sheet was filed only under bailable Sections, but cognizance has subsequently been taken against non-bailable Sections. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Arwal, in connection with Kurtha P.S. Case No. 28 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U