Amit Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45638 of 2018 ======================================================

1. Amit Yadav, S/o Upendra Yadav,

2. Pankaj Yadav, S/o Late Jay Narayan Yadav.

3. Dablu @ Devendra Yadav, S/o Late Jay Narayan Yadav.

4. Sonu Kumar @ Sonu Kumar Suman, S/o Bibhuti Yadav.

5. Bibhuti Yadav, S/o Late Srikant Yadav,

6. Murari Yadav @ Hare Krishna Murari, S/o Late Srikant Yadav,

7. Santosh Yadav @ Santosh Kumar, S/o Late Kusum Lal Yadav. All resident of Village- Amari, Kukrahan, P.S.- Dhamdaha, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Dhamdaha P.S.Case no.71 of 2018 arising CIS No.447 of 2018 dated 23.3.2018 , registered for offences punishable under Sections 307 & 326/34 of the Indian Penal Code. Allegation is against one Kumod Yadav that he fired on the brother of the informant causing injury. Petitioners are also named in the FIR.

Submission of the learned counsel for the petitioners is that no allegation of assault is against the petitioners and they have no criminal antecedent.

Patna High Court Cr.Misc. No.45638 of 2018 (2) dt.06-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Dhamdaha P.S.Case No.71 of 2018 arising out of CIS No.447 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T