Yogendra Yadav @ Jamun Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47246 of 2017 Arising Out of PS.Case No. -272 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Yogendra Yadav @ Jamun Yadav, Son of Late Late Ramdhani Yadav,
2. Maheshwar Yadav, Son of Yogendra Yadav,
3. Niraj Yadav @ Babuwa Yadav, Son of Yogendra Yadav,
4. Soni Yadav, Son of Yogendra Yadav,
5. Jeeto Yadav, Son of Mukundi Yadav,
6. Meera Devi, W/o Yogendra Yadav,
7. Babita Devi, W/o Maheshwar Yadav, All R/o Village- Mirzapur, P.S.- Madhusudanpur (Nathnagar), DistrictBhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Nathnagar (Madhusudanpur) P.S. Case No. 272 of 2017 instituted for the offence under Sections 341, 323, 379, 448, 366/34 of the Indian Penal Code.
Counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. There is allegation that husband of the informant became traceless from the date of occurrence after assault made by the petitioners.
Patna High Court Cr.Misc. No.47246 of 2017 (2) dt.12-10-2017 2/3 It has been submitted that the petitioners and informant are next door neighbour and there is land dispute between them.
The husband of the informant has given his statement under Section 164 Cr. P.C. annexed as Annexure-2 wherein he has stated that he has not been kidnapped. He voluntarily went to the house of his sister.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nathnagar (Madhusudanpur) P.S. Case No. 272 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhagalpur, 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
Patna High Court Cr.Misc. No.47246 of 2017 (2) dt.12-10-2017 3/3 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) S.Ali/- U T