Umesh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41248 of 2018 Arising Out of PS.Case No. -266 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Umesh Yadav, S/o Late Ayodhi Yadav,
2. Rekha Devi, W/o Umesh Yadav, Both are R/o Vill.- Dan Tol, P.S. + District- Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate. For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Khagaria P.S. Case No. 266 of 2018 instituted for the offence under Sections 341, 323, 342, 307, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The instant case has been filed to save the skin from Khagaria (Muffasil) P.S. Case No. 278 of 2018. In the instant case there is general and omnibus allegation against the petitioners. From the impugned order itself it appears that there is no injury report of the informant and his son.
Patna High Court Cr.Misc. No.41248 of 2018 (2) dt.17-07-2018 2/2 Considering the facts and circumstances of the case, 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 Khagaria P.S. Case No. 266 of 2018, 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 learned Chief Judicial Magistrate, Khagaria, 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 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T