Ramashish Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40222 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -TANKUPPA District- GAYA ======================================================

1. Ramashish Yadav,

2. Kishori Yadav, Both sons of Rewat Yadav, Both residents of VillageChamuachak, P.S.- Tankupaa, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the State : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Tankuppa P.S. Case No. 32 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.

It has been submitted that there is no any allegation of assault against petitioner No. 2. It is alleged against petitioner No. 1 that he along with Rambali Yadav assaulted on the head of the four persons namely, Bindeshwar Yadav, Ashok Yadav, Akhilesh Yadav and Ranjeet Yadav.

It has been submitted that all these injured persons in their statements have stated before the police that Rambali Yadav assaulted on the head. From the written report itself, it appears that there is land dispute between the parties.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.40222 of 2017 (2) dt.01-09-2017 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Tankuppa P.S. Case No. 32 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T