Mukesh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80437 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- SIKANDRA District- Jamui ======================================================
1. Mukesh Yadav S/o- Ramo Yadav
2. Sudhir Yadav S/o- Ramo Yadav Both Resident of Village - Rajadih, P.S.- Sikandra, District- Jamui. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Akash Raj, Advocate For the Opposite Party :
Mr. Sanjay Kumar, APP For the Informant :
Mr. Shree Niwas Singh, Mr. Ashok Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 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 and 504/34 of the Indian Penal Code registered in connection with Sikandra P.S. Case No. 164 of 2018.
3. It is submitted that the petitioners have been falsely implicated with allegation of having committed assault on the head of the informant. It is further submitted that the injury sustained by the informant on his head is simple in nature. There is case and counter case between the parties. The petitioners claim clean antecedents.
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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Manish Kumar Pandey, learned Judicial
Patna High Court Cr.Misc. No.80437 of 2018(2) dt.17-01-2019 2/2 Magistrate, 1st Class, Jamui in connection with Sikandra P.S. Case No. 164 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) 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. (iv) 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. BT/Chandran (Vikash Jain, J) U T