Suresh Prasad @ Suresh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32806 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -NARHAT District- NAWADA ======================================================
1. Suresh Prasad @ Suresh Yadav, S/o Late Dasrath Yadav,
2. Bablu Kumar @ Bablu Yadav S/o Suresh Yadav,
3. Rajesh Kumar @ Rajesh Yadav S/o Suresh Yadav,
4. Sanjay Prasad @ Sanjay Yadav S/o Sahdeo Yadav,
5. Shibu Prasad @ Shibu Yadav S/o Sahdeo Yadav,
6. Sanju Devi W/o Sanjay Yadav, All are Residents of Vill.- Kunthar, P.S.- Narhat, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Narhat P.S.Case No.66 of 2018 , registered for offences punishable under Sections 341, 323, 307, 452, 448, 504, 376, 511 of the Indian Penal Code.
Allegation against the petitioners is that they have assaulted the informant and others and one of the co-accused has tried to commit rape of the informant.
Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against any of the petitioners and there is case and counter case between the parties. Injury has been received on the prosecution party also. It has also
Patna High Court Cr.Misc. No.32806 of 2018 (3) dt.03-07-2018 2/2 been submitted that some other accused persons have been granted privilege of bail by a Co-ordinate Bench of this Court, vide order dated 1.26.2018 passed in Cr. Misc. No.31396 of 2018. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Narhat P.S.Case nO.66 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T