Judagi Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12512 of 2018 Arising Out of PS.Case No. -436 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================
1. Judagi Yadav, S/o Bhuneshwar Yadav,
2. Sita Ram Yadav, S/o Bhuneshwar Yadav,
3. Chhotu Yadav, S/o Raj Kumar Yadav.
4. Bhuneshwar Yadav, S/o Late Badan Yadav.
5. Raja Ram Yadav, S/o Bhuneshwar Yadav, All residents of Village- Kolhaura, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== 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 Bodh Gaya P.S. Case No. 436 of 2017 instituted for the offence under Sections 341, 323, 325, 379 and 504/34 of the Indian Penal Code and Section 3/4 of Witch Craft Practices Act. In the written report there is general and omnibus allegation against these petitioners that they assaulted the informant and his family members. It is further alleged that petitioner No. 1 took away Rs.5,000/- from the pocket and golden chain of the informant.
Learned counsel for the petitioners has submitted that
Patna High Court Cr.Misc. No.12512 of 2018 (2) dt.19-04-2018 2/2 both parties are agnates. There is land dispute between the parties. 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 Bodh Gaya P.S. Case No. 436 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, Gaya and his successor, 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