Shambhu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44856 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -KARPI District- JEHANABAD ======================================================
1. Shambhu Yadav,
2. Anand Kumar Both are Sons of Late Sokhi Lal Yadav,
3. Prem Bind @ Prem Kumar Bind S/o Late Jalu Prasad,
4. Vijay Bind S/o Lutan Bind, All are Residence of Vill.- Kusera Mathia, P.S.- Karpi, Distt.- Arwal.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nitya Nand Neeraj For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Karpi P.S. Case No. 39/2018, instituted for the offences punishable under Sections 341, 323, 379, 385, 384, 506 and 34 of the Indian Penal Code. In the written report, it is alleged that the petitioners assaulted the informant. They also snatched the motorcycle and cash of the informant.
Learned counsel for the petitioners has submitted that some objection was raised by the villagers for material of work used by the informant in construction of road, on account of which some altercation had taken place and the instant case has been filed. The injury report has been annexed as Annexure-2 which shows that the informant has sustained abrasion and swelling injury. There is general
Patna High Court Cr.Misc. No.44856 of 2018 (2) dt.08-08-2018 2/2 and omnibus allegation of assault against these petitioners. The petitioners have clean antecedent.
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 Karpi P.S. Case No. 39/2018, 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 the learned A.C.J.M., Arwal, 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.) Rakhi U T