Baleshwar Yadav @ Bale Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46992 of 2018 Arising Out of PS.Case No. -76 Year- 2017 Thana -GHOGHARDIHA District- MADHUBANI ======================================================
1. Baleshwar Yadav @ Bale Yadav Son of Dhayani Yadav
2. Yugut Lal Yadav @ Jugut Lal Yadav Son of Late Ram Chalitra Yadav Both residents of Village/Mohalla - Bhelwa, P.S. - Ghoghardiha, District - Madhubani.
3. Raj Kumar Yadav Son of Late Nandi Yadav Resident of Village - Banarjhula, P.S. - Ghoghardiha, District - Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Ghoghardiha P.S. Case No. 76/2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 324 and 307 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that in this case, the police after investigation has submitted final form but cognizance has been taken against the petitioner differing with the police report. The instant case is counter blast of Ghoghardiha P.S. Case No. 77/2017 lodged by co-accused Ram Kumar Yadav against the informant and others.
In the instant case, there is allegation that on the date of
Patna High Court Cr.Misc. No.46992 of 2018 (2) dt.27-08-2018 2/2 occurrence, petitioners and other accused persons abused the informant and on protest, they assaulted the informant with Farsa, Lathi etc. 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 Ghoghardiha P.S. Case No. 76/2017, 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 Chief Judicial Magistrate, Madhubani, 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