Mangal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2585 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Mangal Yadav,

2. Manoj Yadav @ Guhar Yadav

3. Mithilesh Yadav All Sons Ramswarup Yadav, R/o Village- Maira, P.S.- Katri Sarai, District- Nalanda.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Parasmani For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 The appellants seek pre arrest bail in connection with Giriak (Katrisarai) P.S. Case No. 228 of 2016, registered for offences punishable under Sections 341, 323, 324, 504, 307 and 24 of the Indian Penal Code and Section 3(X)(1) of SC /ST Act. Allegation against the appellants is of assault to the informant.

It has been submitted on behalf of the appellants that only general and omnibus allegation of assault has been levelled against the appellants and no allegation of abusing the informant has been levelled against the appellants. It has also been submitted that appellants side have also received injuries and they are grievous in nature.

Learned Special P.P. could not controvert the above submission.

Having heard both sides, in view of the above facts, this appeal is allowed, let the appellants above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge - Cum- Special Judge, Nalanda at Biharsharif, in connection with Giriak (Katrisarai) P.S. Case No. 228 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the

prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T