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Patna High CourtCR. MISC./54955/2015bail granted

Brijesh Yadav And ORS v. The State Of Bihar

2015-12-08Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54955 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Brijesh Yadav, son of Raghunath Yadav,

2. Upendra Yadav, son of Baidhyanath Yadav,

3. Nathu Sah, son of Bhikhari Sah,

4. Ramai Sah, son of Nathu Sah, all are resident of village- Rupwaliya, P.S.- Gaunaha, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.54979 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Baidhyanath Yadav, son of late Brichha Yadav,

2. Raghunath Yadav, son of late Brichha Yadav,

3. Jaynath Yadav, son of late Brichha Yadav,

4. Ishwari Yadav, son of late Brichha Yadav,

5. Chhote Lal Yadav, son of late Brichha Yadav, all are resident of villageRupwaliya, P.S.- Gaunaha, District- West Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.54955 of 2015) For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sucheta Yadav, APP (In Cr.Misc. No.54979 of 2015) For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Kr. Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 08-12-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 147, 149, 323, 385, 379,

Patna High Court Cr.Misc. No.54955 of 2015 (2) dt.08-12-2015 2/3 436, 427 Indian Penal Code.

Considering the background of dispute and the fair antecedents of the Petitioners, it is ordered that in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Gaunaha P.S. Case No.111 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioners, who will give an affidavit giving genealogy as to how he is related with the Petitioners.

Patna High Court Cr.Misc. No.54955 of 2015 (2) dt.08-12-2015 3/3 the ground of misuse, (iv) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) JA/- U T