Navlesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55423 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ======================================================
1. Navlesh Yadav, Son of Late Ramdeo Yadav.
2. Bhola Yadav Son of Late Ramdeo Yadav.
3. Munchun Yadav @ Akhilesh Yadav, Son of Late Ramdeo Yadav.
4. Ramdeo Yadav, Son of Late Budhan Yadav. All resident of VillagePanshalla, P.S.- Muffasil, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate. For the Opposite Party/s : Sri Anand Mohan Prasad Mehta, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Muffasil P.S. Case No. 111 of 2017 instituted for the offence under Section-379 & other minor Sections of the Indian Penal Code.
It has been submitted on behalf of the petitioner that there is land dispute between the parties. There is no any specific allegation of overt act of causing serious injury to the members of the informant party. There is general and omnibus allegation in the written report that all these petitioners assaulted the informant and his family members with Gadansa, Lathi etc.
The learned Sessions Judge has mentioned in the impugned order that there is no injury report on the record. In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.55423 of 2017 (2) dt.18-12-2017 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Muffasil P.S. Case No. 111 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 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) A.K.V./- U T