Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28190 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- NAWADA District- Nawada ====================================================== 1.

Mukesh Yadav Son of Bachchan Yadav 2.

Ajay Yadav Son of Bachchan Yadav 3.

Virendra Yadav Son of Alakhdeo Yadav 4.

Bachchan Yadav Son of Late Daso Yadav All are resident of Village - Harain Tola, Harihar Bigha, P.S.- Nawada (Kadirganj), District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-08-2019 This Court has called for the case diary from where it appears that the investigation is in progress. Earlier the petitioners had come to this Court in Cr. Misc. No. 8011 of 2019 which was rejected on 13.02.2019, having stated that as all the offences are bailable, in such circumstances, the question of apprehension of arrest does not arise. However, if the charge sheet is filed for non-bailable offences, the petitioners will be at liberty to renew their prayer.

The learned counsel for the petitioners submits that the police has not submitted the charge sheet, but one of the accused namely Alakh Dev Yadav was arrest and later on, he has been granted regular bail. Under this

Patna High Court CR. MISC. No.28190 of 2019(5) dt.14-08-2019 2/2 apprehension, this application has been filed. Looking to the entirety of the matter and perusing the case diary, 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 Chief Judicial Magistrate, Nawada/Successor Court in connection with Nawada Town (Kadirganj) P.S. Case No. 534 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.

(Shivaji Pandey, J) Mahesh/- U T