Sudeshwar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58576 of 2017 Arising Out of PS.Case No. -291 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================
1. Sudeshwar Yadav, son of Late HariKishun Yadav,
2. Ram Ishwar Yadav @ Rameshwar Yadav @ Ram Ishwar, son of Late Saryu Yadav,
3. Nanhak Yadav @ Rajeshwar Yadav, son of Late Saryu Yadav,
4. Nandji Yadav, son of Sudeshwar Yadav, All resident of: Village Burdhnabir, P.S. Bihiya, District Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amaresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bihiya P.S. Case No. 291 of 2017 instituted for the offence under Sections 147,148,149,341,323,324,307,379,504,506 and 337 of the IPC and Section 27 of the Arms Act.
Counsel for the petitioners has submitted that there is case and counter case between the parties. In the written report there is specific allegation against the co-accused Nand Kishore @ Bhuar Yadav of assaulting the informant with Farsa. Similarly, there is allegation against other co-accused persons namely Ranjeet and Sanjeet of assaulting one Ramakant Yadav who came to save the informant. There is general and omnibus allegation against these petitioners of assaulting one Rajeshwari Devi who
Patna High Court Cr.Misc. No.58576 of 2017 (2) dt.12-12-2017 2/2 came to save the informant. It has been submitted that petitioners have clean antecedent.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bihiya P.S. Case No. 291 of 2017 to the satisfaction of learned C.J.M., Ara, Bhojpur subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.