Suraj Yadav @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34903 of 2023 Arising Out of PS. Case No.-227 Year-2022 Thana- BANMANKHI District- Purnia ====================================================== 1.
Suraj Yadav @ Suraj Kumar Son Of Bhaglu Yadav @ Dhirendra Yadav Resident Of Village- Pipra, Ps- Banmankhi Distt- Purnea 2.
Lalo Yadav @ Lalo Kumar Son Of Biren Yadav Resident Of Village- Pipra, Ps- Banmankhi Distt- Purnea 3.
Bhaglu Yadav @ Dhirendra Yadav Son Of Bindeshwari Yadav Resident Of Village- Pipra, Ps- Banmankhi Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor (for brevity 'APP') for the State.
2. The petitioners are apprehending their arrest in connection with Banmankhi P.S. Case No. 227/2022 registered for the offence punishable under Sections 147, 148, 149, 323, 325, 324, 384, 504, 506 of the Indian Penal Code (for brevity 'IPC') and Section 27 of the Arms Act.
3. The allegation is on co-accused, namely, Vikash Yadav of threatening and intimidating the informant, to solemnize marriage with the informant's grand-daughter with him. It is also alleged that the petitioners have formed an unlawful
Patna High Court CR. MISC. No.34903 of 2023(2) dt.21-07-2023 2/3 assembly with deadly weapons and gone to intimidate the informant's family members to come to terms with the demand of co-accused, namely, Vikash Yadav.
4. Learned counsel for the petitioners submits that the First Information Report (for brevity 'F.I.R.') is primarily against, co-accused, namely, Vikash Yadav. Petitioner's by virtue of their relationship with co-accused, Vikash Yadav, have also been implicated by making general and omnibus allegations against them. Petitioners are stated to be man of clean antecedents. There is also no specific assault alleged against these three (3) petitioners.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Having regard to the submissions advanced by the petitioners' counsel, clean antecedents of the petitioners as also the submission that no specific assault is alleged against them, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.
7. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with
Patna High Court CR. MISC. No.34903 of 2023(2) dt.21-07-2023 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Purnea, in connection with Banmankhi P.S. Case No. 227/2022, subject to the following conditions: (i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.
(Madhuresh Prasad, J) Raj kishore/- U T