Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27011 of 2020 Arising Out of PS. Case No.-356 Year-2013 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

MOHAN YADAV Resident of Village-Koriyauti, P.O-Sakar Das Nawada, P.S.-Wazirganj, District-Gaya.

2.

Raman Yadav Resident of Village-Koriyauti, P.O-Sakar Das Nawada, P.S.- Wazirganj, District-Gaya.

3.

Chandradeo Yadav @ Chandradeep Yadav Resident of Village-Koriyauti, P.O-Sakar Das Nawada, P.S.-Wazirganj, District-Gaya. 4.

Ramrup Yadav Resident of Village-Koriyauti, P.O-Sakar Das Nawada, P.S.- Wazirganj, District-Gaya.

5.

Balam Yadav @ Baliram Yadav Resident of Village-Koriyauti, P.O-Sakar Das Nawada, P.S.-Wazirganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Satya Veer, Sanjay Kr Jha, Advocates For the Opposite Party/s :

Mr Bhanu Pratap, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-01-2021 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in connection with Wazirganj Police Station (for brevity, PS) Case No 356 of 2013 dated 08.08.2013 instituted for the offence punishable under Sections 448, 341, 323, 504, 354, 379/34 of Indian Penal Code. Over some petty family disputes, it is submitted that the petitioners have been implicated in this case. Petitioners have no criminal antecedent and there is no injury report to

Patna High Court CR. MISC. No.27011 of 2020(4) dt.25-01-2021 2/3 sustain the allegations. From perusal of the First Information Report, it appears that the alleged dispute arose out of bearing of expenses of Sharadhkarm of a common relative. Learned APP for the State has opposed the prayer for bail.

In the facts and circumstances of the case, prayer of petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the Court below, within four (04) weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XI, Gaya in Wazirganj PS Case No 356 of 2013 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their

Patna High Court CR. MISC. No.27011 of 2020(4) dt.25-01-2021 3/3 bail bond will be liable to be cancelled.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T