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Patna High CourtCR. MISC./34960/2017bail granted

Ramesh Yadav And ORS v. The State Of Bihar

2017-09-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34960 of 2017 Arising Out of PS.Case No. -324 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Ramesh Yadav, son of Kuldeep Yadav,

2. Sanjit Kumar, son of Kuldeep Yadav,

3. Kuldeep Yadav, son of late Chaitu Yadav, All R/o Village- Bhawari Kala, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 13-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Fatehpur P.S. Case No.324 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 307, 302 Indian Penal Code. It has been submitted that there is specific allegation of assault against co-accused, Sunil Yadav, who is not the petitioner today. There is general and omnibus allegation against the petitioners. Other co-accused with similar allegation has already been granted anticipatory bail by this Court by order dated 30.06.2017 passed in Cr. Misc. No.27026 of 2017. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.34960 of 2017 (4) dt.13-09-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Fatehpur P.S. Case No.324 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, X, Gaya, 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) JA/- U T