Vinay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46520 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -OBRA District- AURANGABAD ======================================================

1. Vinay Yadav, s/o Late Munarik Yadav,

2. Bijay Yadav, s/o Late Munarik Yadav, both r/o village- Deokali, P.S.- Obra, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-08-2018 Supplementary Affidavit has been filed by the counsel for the petitioners seeking permission to make necessary correction in prayer portion of the application with regard to name of the Court.

Permission is accorded. Learned counsel for petitioners is permitted to make necessary correction in prayer portion with regard to name of the Court.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Obra P.S. Case No.98 of 2018 instituted for the offence under Section(s) 341, 323, 325, 307, 379/34 and 504 Indian Penal Code. Counsel for the petitioners submits that petitioners are cousin brother of the informant. Partition has already taken

Patna High Court Cr.Misc. No.46520 of 2018 (2) dt.21-08-2018 2/3 place between the parties. There is land dispute between the parties.

As per allegation in the written report, all these petitioners assaulted the informant and his wife. As per impugned order, doctor has found simple injuries on the person of the injured.

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 Obra P.S. Case No.98 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 the Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case,

Patna High Court Cr.Misc. No.46520 of 2018 (2) dt.21-08-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T