Mithilesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47657 of 2018 Arising Out of PS.Case No. -289 Year- 2018 Thana -NAWADA District- NAWADA ======================================================
1. Mithilesh Yadav, S/o Bachchu Yadav,
2. Santosh Yadav S/o Bachchu Yadav,
3. Ritesh Yadav S/o Bachchu Yadav,
4. Soni Yadav S/o Bachchu Yadav, All are R/o Vill.- Lohari Bigha, P.S.- Nawada, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Nawada Town P.S. Case No. 289/2018, instituted for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 427, 323, 307 and 379 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is case and counter between the parties. Both parties are agnates. There is land dispute between them. It is further submitted that petitioner no. 1 has lodged Nawada Town P.S. Case No. 288/2018 against the informant and others. It is also submitted that wife of coaccused Bachchu Yadav has also lodged case against the informant and others vide Nawada P.S. Case No. 268/2018. The instant case has been filed by the informant after lodging all these cases levelling general and
Patna High Court Cr.Misc. No.47657 of 2018 (2) dt.30-08-2018 2/2 omnibus allegation against these petitioners of assaulting the informant and his family members.
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 Nawada Town P.S. Case No. 289/2018, 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 learned Chief Judicial Magistrate, Nawada, 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