Basudeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51716 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -CHAKAI District- JAMUI ======================================================

1. Basudeo Yadav, Son of Nanhu Yadav,

2. Congress Yadav, Son of Basudeo Yadav,

3. Aado Yadav @ Yado Yadav, Son of Prayag Yadav,

4. Rabi Yadav, Son of Nuneshwar Yadav,

5. Binod Yadav, Son of Nuneshwar Yadav,

6. Naro Yadav, Son of Late Parti Yadav @ Patti Yadav,

7. Kartik Yadav, Son of Late Parti Yadav @ Patti Yadav,

8. Gola @ Gopal Yadav @ Gola Yadav, Son of Dhiwa Yadav,

9. Dhaneshwar Yadav, Son of Taleshwar Yadav,

10. Pappu Yadav, Son of Dhaneshwar Yadav,

11. Baleshwar Yadav, Son of Kumar Yadav @ Kuwar Yadav,

12. Gola Yadav, Son of Late Sarvjit Yadav, All resident of VillageDulampur, Police Station- Chakai, District- Jamui.

13. Prayag Yadav, Son of Banshi Yadav, Resident of Village- Sarasbadiya, Police Station- Chakai, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Chakai P.S. Case No.172 of 2016 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. Counsel for the petitioners has submitted that instant case is counter blast of Chakai P.S. Case No.173 of 2016 filed against the Informant and others.

It is alleged in the written report that accused Dinesh

Patna High Court Cr.Misc. No.51716 of 2017 (2) dt.09-11-2017 2/3 Yadav was digging foundation in the land of the Informant and when his mother went there to object then all the accused assaulted the mother of Informant in prosecution of their common object with Tangi, lathi, Sword, Bhujali, bricks and stones. When Informant went to save his mother then they also assaulted him over his head by Tangi as result of which he sustained injury and fell down. When the villagers and others came to their rescue, they were also assaulted. From the written report of the instant case, it appears that there is general and omnibus allegation against the petitioners.

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 Chakai P.S. Case No.172 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-2nd, Jamui, 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

Patna High Court Cr.Misc. No.51716 of 2017 (2) dt.09-11-2017 3/3 present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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) JA/- U T