Matra Yadav @ Sachin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23914 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

MATRA YADAV @ SACHIN KUMAR YADAV Son of Raj Kumar Yadav @ Bhikhru Yadav, Resident of Mohalla- Ghoshi Tola, Police StationNathnagar, District- Bhagalpur. 2.

Khatra Yadvav son of Raj Kumar Yadav @ Bhikhru Yadav, Resident of Mohalla- Ghoshi Tola, Police Station- Nathnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Nathnagar P.S. Case No. 44 of 2018 registered for offence punishable under sections 147, 341, 323, 307, 353, 504 of the Indian Penal Code.

In course of immersion of idol, altercation took place with the police party, scuffle took place. The allegation has been made that Matra Yadav and Khatra Yadav (petitioner nos. 1 and 2) along with others have attacked to the police party and tried to strangulate the neck of constable. It appears that in course of carrying the procession of idol Saraswati, the

Patna High Court CR. MISC. No.23914 of 2019(2) dt.15-04-2019 2/3 incident has taken place. The petitioners have no criminal antecedent.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P.S. Case No. 44 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence.

The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bond.

Patna High Court CR. MISC. No.23914 of 2019(2) dt.15-04-2019 3/3 have liberty to make a prayer for cancellation of their bail before the court below.

(Shivaji Pandey, J) mkchy/- U T