Shobhan Yadav @ Sobhan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52400 of 2017 Arising Out of PS.Case No. -62 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. SHOBHAN YADAV @ SOBHAN YADAV, S/o Late Paras Yadav,

2. Bhuna Yadav S/o Late Paras Yadav, Both are R/o Village- Balthar, P.S.- Sono, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Sono P.S. Case No. 62/2015 instituted for the offences under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the police after investigation submitted final form against the petitioners finding the accusation against them to be false, but the learned Magistrate differing with the police report summoned the petitioners after taking cognizance of the offence. Other accused persons having similar allegation have already been granted anticipatory bail by coordinate Bench of this Court passed in Cr. Misc. Nos. 32411/2015, 37987/2015, and 42065/2017.

Patna High Court Cr.Misc. No.52400 of 2017 (2) dt.09-11-2017 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sono P.S. Case No. 62/2015, 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 learned Additional Chief Judicial Magistrate I, Jamui, subject to the conditions as laid down under Section 438(2) of the 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 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.)