Kameshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34210 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
KAMESHWAR YADAV Son of Late Dinanath Singh Resident of VillageAjgara, PS- Kudra, District- Kaimur at Bhabua 2.
Ravi Yadav @ Ravi Kumar Son of Late Balister Yadav Resident of VillageAjgara,PS- Kudra, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2023 No one appears on call The petitioners apprehend their arrest in connection with Kudra P.S. Case No. 106 of 2023 for the offence punishable under Sections 323, 504, 308, 34 I.P.C lodged on 22.03.2023 by the informant Sandeep Singh.
As per the FIR, omnibus allegation of assault on the family members including the accused due to the flow of drain water.
Learned APP opposes the prayer.
Taking into account the aforesaid facts that the omnibus allegation is there against the accused persons, injury have been found to be similar in nature and they do not have
Patna High Court CR. MISC. No.34210 of 2023(2) dt.26-07-2023 2/3 criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
Let the petitioners, in the event of their arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class Mohania, Kaimur at Bhabua, in connection with Kudra P.S. Case No. 106 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.34210 of 2023(2) dt.26-07-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Jagdish/Jyoti/- U T