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Patna High CourtCR. MISC./1836/2015bail granted

Dilip Yadav And ORS v. The State Of Bihar

2015-01-16Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1836 of 2015 Arising Out of PS.Case No. -400 Year- 2014 Thana -MADHEPURA (Bharrahi O.P.) DistrictMADHEPURA ======================================================

1. Dilip Yadav, son of Tharo Yadav

2. Nunu Yadav, son of Tharo Yadav

3. Aajadi Yadav, son of Parmanand Yadav

4. Binod Yadav, son of Parmanand Yadav

5. Moti Yadav, son of Parmanand Yadav

6. Chandan Yadav, son of Silo Yadav

7. Gajendra Yadav, son of Late Maheshwari Yadav

8. Nanku Kumar alias Nanku Yadav, son of Gajendra Yadav

9. Kailu Kumar alias Kailu Yadav, son of Gajendra Yadav

10. Ratan Yadav, son of Raghu Yadav All residents of village - Sundarpatti, Police Station - Madhepura (Bharrahi O.P.), District - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surya Narayan Yadav, Adv. For the Opposite Party/s : Mr. Suman Kumari Singh, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 323, 342, 307, 325, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Considering the general nature of allegation against the Petitioners who have fair antecedents, let the Petitioners in the

Patna High Court Cr.Misc. No.1836 of 2015 (2) dt.16-01-2015 2/3 event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 400 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, Madhepura, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

Patna High Court Cr.Misc. No.1836 of 2015 (2) dt.16-01-2015 3/3 reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) S.Ali/- U T