Rajneti Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55817 of 2018 Arising Out of PS.Case No. -149 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Rajneti Yadav, son of Late Ramjee Yadav

2. Deobrat Yadav, son of Buchchu Yadav

3. Girish Yadav, son of Narayan Yadav

4. Ashok Yadav, son of Chandradeo Yadav

5. Siyaram Yadav, son of Late Kalo Yadav

6. Brahamdeo Yadav, son of Fagu Yadav

7. Chandan Yadav, son of Brahamdev Yadav

8. Rajkumar Yadav, son of Brahamdev Yadav

9. Mintu Yadav

10. Azad Yadav

11. Pancha Yadav All three sons of Shivan Yadav

12. Mannu Kumar @ Munnu Kumar, son of Sharawan Yadav,

13. Saurav Yadav, son of Dani Yadav All resident of Village- Barkhandi Tola, P.S.- Khagaria (Muffasil), District- Khagaria.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ranjeet Kumar, Advocate. For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 448, 341, 323, 385, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Khagaria (Muffasil) P.S. Case No. 149 of 2018, G.R. No. 680 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the thrust of accusation of inflicting bhala injury is on co-accused Manish Yadav. The accusation of demanding extortion is general and omnibus in nature.

4. Considering the criminal antecedents of the petitioner no. 1 who is accused in one other case of similar nature, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner no. 1 and hence the anticipatory bail petition of petitioner no. 1 is rejected.

5. Let the remaining petitioner nos. 2 to 13, in the event of the petitioner nos. 2 to 13's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 2 to 13 be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 149 of 2018, G.R. No. 680 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar

offence till conclusion of the trial.

(iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/Chandran U T