Jitan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25886 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Jitan Yadav aged 40 years, male, Son of Hupi Yadav 2.

Rama Yadav aged 48 years, male, Son of Kallu Yadav 3.

Tarni Yadav aged 42 years, male, Son of Ishwari Yadav 4.

Karu Yadav aged 38 years, male, Son of Huro Yadav 5.

Dhokal Yadav, aged 55 years, male, Son of Dukhi Yadav 6.

Kedar Yadav aged 45 years, male, Son of Musafir Yadav All resident of Village - Baliyadabar, P.S.- Chandramundi, District - Jamui. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code registered in connection with Chandramandih P.S. Case No. 46 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties and in any event, the accusations of assault against the petitioners are general and omnibus in nature. Injuries resulting from the assault alleged against the petitioners are simple in nature. The grievous injury suffered by the informant is attributed to the assault by coaccused Mohan Yadav with farsa. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or

Patna High Court CR. MISC. No.25886 of 2019(2) dt.22-04-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Mr. Sumit Kumar Singh, learned Judicial Magistrate, 1st Class, Jamui in connection with Chandramandih P.S. Case No. 46 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T