Birendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43753 of 2017 Arising Out of PS. Case No.-109 Year-2017 Thana- PAHARPUR District- East Champaran ======================================================

1. Birendra Yadav,

2. Lallan Yadav,

3. Sri Bhagwan Yadav,

4. Lal Babu Yadav All Sons of Ram Chandra Yadav,

5. Vinay Kumar @ Vinay Yadav, Son of Brij Kishore Yadav,

6. Prasad Yadav, son of Vijayi Yadav

7. Dadan Yadav, son of Vijayi Yadav,

8. Jitendra Yadav @ Jitendra Kumar, son of Late Hari Yadav, All R/o village- Majharia, P.S.- Malahi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. AHTASH ALI KHAN For the Informant :

Mr. Asif Kalim ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2017 Heard learned Counsel for the petitioners, learned Counsel appearing on behalf of the informant and learned Additional Public Prosecutor representing the State.

This application, for grant of anticipatory bail, arises out of Paharpur (Malahi) Police Station Case No. 109 of 2017, disclosing offences under Sections 147, 148, 149, 323, 341,324, 447, 307, 427, 504, 506 and 379 of the Indian Penal Code. The petitioners have no criminal antecedent, as stated in paragraph 3 of the application.

Patna High Court Cr.Misc. No.43753 of 2017(3) dt.19-12-2017 2/3 There is nothing to suggest that the prosecution side received any grievous injury, though there is allegation of assault by sharp cutting weapon. It also transpires that there is counter case for the occurrence said to have taken place on the same day and at the same time at the same place of occurrence. Though learned Counsel for the informant has opposed the prayer for bail with all vehemence, considering the above facts and circumstances, this application is allowed.

Let the petitioners, namely, Birendra Yadav, Lallan Yadav, Sri Bhagwan Yadav, Lal Babu Yadav, Vinay Kumar @ Vinay Yadav, Prasad Yadav, Dadan Yadav and Jitendra Yadav @ Jitendra Kumar, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Paharpur (Malahi) Police Station Case No. 109 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to

Patna High Court Cr.Misc. No.43753 of 2017(3) dt.19-12-2017 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √