Kameshwar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47347 of 2018 Arising Out of PS.Case No. -442 Year- 2018 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Kameshwar Yadav, son of Late Sita Ram Yadav
2. Bineshwar Yadav @ Bindeshwar Yadav, son of Late Sita Ram Yadav
3. Suvansh Yadav, son of Late Sita Ram Yadav All residents of Village Unta Madarpur, P.S.Jehanabad Distt. & Town Jehanabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Jehanabad P.S. Case No. 442 of 2018 instituted for the offence under Sections 341, 323, 379, 504 and 308/34 of the Indian Penal Code. Counsel for the petitioners submits that in the written report there is specific allegation against co-accused Yogendra Yadav and Sanjay Kumar of assaulting the informant with iron rod and butt of pistol respectively. There is general and omnibus allegation against other accused persons that they assaulted the informant, his wife, daughter etc.
It is mentioned in paragraph-3 of the bail petition that
Patna High Court Cr.Misc. No.47347 of 2018 (2) dt.29-08-2018 2/2 petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, 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 Jehanabad P.S. Case No. 442 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 learned Chief Judicial Magistrate, Jehanabad, 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 bond 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) S.