Kaushal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30043 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1.
KAUSHAL YADAV, aged about 24 years, male, S/o Arjun Prasad Yadav Resident of Village- Babu Rahi, P.S.- Sahebpur Kamal, District- Begusarai. 2.
Munna Kumar, aged about 23 years, male, S/o Brahm Dev Yadav Resident of Village- Babu Rahi, P.S.- Sahebpur Kamal, District- Begusarai. 3.
Anil Yadav, aged about 36 years, male, S/o Sri Kalo Yadav Resident of Village- Babu Rahi, P.S.- Sahebpur Kamal, District- Begusarai. 4.
Santosh Kumar, aged about 19 years, male, S/o Sri Umesh Yadav Resident of Village- Babu Rahi, P.S.- Sahebpur Kamal, District- Begusarai. 5.
Sudhir Yadav, aged about 40 years, male, S/o Sri Adalat Yadav Resident of Village- Babu Rahi, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Kumar Binode Bariar, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with S. Kamal P.S. Case No. 42 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. Except petitioner no. 1, allegations against the other petitioners are general and omnibus in nature. Injuries are all simple in nature. The petitioners claim clean antecedents.
Patna High Court CR. MISC. No.30043 of 2019(2) dt.10-05-2019 2/2
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners 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, Begusarai in connection with S. Kamal P.S. Case No. 42 of 2019, 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) That 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) That 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) Ibrar//- U T