Pappu Yadav @ Pappu Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7939 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -RAUTRA District- KATIHAR ======================================================
1. Pappu Yadav @ Pappu Kumar Yadav, S/o Hardev Yadav, R/o Bhatwara, P.S.- Korha, Distt. Katihar.
2. Sudhiar Yadav @ Sudhir Yadav, S/o Parmanand Yadav, R/o Bisanpur, P.S.- Rautara, Distt.- Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate. For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rautara P.S. Case No. 85 of 2017 instituted for the offence under Sections 447, 147, 148, 149, 341, 307, 379, 504 of the Indian Penal Code, Section 27 of the Arms Act and 3⁄4 of Explosive Act, 1908. It is alleged in the written report that petitioners fired on the informant but no injury was caused to him. It has been submitted that petitioners have clean antecedent. There is case and counter case between the parties and for the same occurrence, Bhumi Yadav who is also accused in the instant case, filed Complaint Case No. 2012 of 2017 against the
Patna High Court Cr.Misc. No.7939 of 2018 (5) dt.19-04-2018 2/2 informant and Sanjay Yadav for firing.
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 Rautara P.S. Case No. 85 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 Chief Judicial Magistrate, Katihar, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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