Laxman Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47594 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- AAJAM NAGAR District- Katihar ======================================================

1. Laxman Yadav, Son of Nagendra Yadav,

2. Mohan Yadav, Son of Bokia Yadav @ Kailash Yadav, Both resident of Village- Kaliganj, P.S.- Azamnagar, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Md. Musowir For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== 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 Azamnagar P.S.Case No. 123 of 2018, instituted for the offence under Section(s) 302 and 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner no. 1 is named in the written report merely on suspicion and there is no mention about the name of petitioner no. 2 in the written report. His name has come during investigation in the confessional statement of co-accused Ganesh Das. In the written report , there is allegation that Ganesh Das called the husband of the informant and on that call when he went to meet Ganesh Das, he did not return back. Later on, dead body of the husband of the informant was found. It is mentioned in the written report

Patna High Court Cr.Misc. No.47594 of 2018(2) dt.31-08-2018 2/3 itself that there was land dispute between Ganesh Das and the husband of the informant. Informant has merely raised suspicion against petitioner no.1 in the written report. Petitioner no2 is not named in the written report. His name has come during investigation in the confessional statement of co-accused Ganesh Das.

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 Azamnagar P.S.Case No. 123 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 ACJM-VI, Katihar; 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

Patna High Court Cr.Misc. No.47594 of 2018(2) dt.31-08-2018 3/3 will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T