Mantu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6335 of 2018 Arising Out of PS.Case No. -510 Year- 2017 Thana -RAJAUN District- BANKA ======================================================
1. Mantu Yadav,
2. Nilesh Yadav,
3. Pintu Yadav,
4. Manish Yadav, all are sons of late Laxman Yadav, R/o Village- Khiddi, P.S.- Rajaun, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajib Ranjan Jha, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 07-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rajaun P.S. Case No.510 of 2017 instituted for the offence under Section(s) 341, 323, 324, 325, 307, 379, 504, 506/34 Indian Penal Code. It is alleged in the written report that these petitioners armed with lathi, rod etc. assaulted the son of the informant on the head by means of lathi. It is also alleged that accused persons snatched ornaments from Kusuma Devi, Devyani Devi and one locket from the possession of injured Babloo Yadav.
Counsel for the petitioners has submitted that this case is counter blast of Rajaun P.S. Case No. 488 of 2017 instituted by petitioner no.2 against the informant and others.
Patna High Court Cr.Misc. No.6335 of 2018 (4) dt.07-03-2018 2/2 There has been free fight between the parties. Persons from petitioners' side also sustained injuries in Rajaun P.S. Case No.488 of 2017.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rajaun P.S. Case No.510 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 the Chief Judicial Magistrate, Banka, 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 bonds 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.