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Patna High CourtCR. MISC./47743/2018bail granted

Krishna Yadav And ANR v. The State Of Bihar

2018-08-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47743 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- BHAGWANGANJ District- Patna ======================================================

1. Krishna Yadav,

2. Satya Yadav, Both are Sons of Late Jagdish Yadav, Resident of VillageHasanpura, P.S.- Bhagwanganj, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lallu Prasad For the Opposite Party/s :

Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bhagwanganj P.S.Case No. 63 of 2018, instituted for the offence under Section(s) 341, 323, 379, 354 and 307/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is general and omnibus allegation against these petitioners. Instant case has been filed as a retaliation of Bhagwanganj P.S.Case No. 64 of 2018 lodged by co-accused Satish Yadav against the informant and others. In the instant case, it is alleged that altercation has taken place due to removing the Barat party. From the written report itself, it appears that no any specific allegation has been alleged against these petitioners.

Patna High Court Cr.Misc. No.47743 of 2018(2) dt.31-08-2018 2/2 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 Bhagwanganj P.S.Case No. 63 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 Mr. B.N.Tripathi, J.M., 1st Class, Masaurhi, Patna; 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 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) shyambihari/- U T