Lakhan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35186 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== 1.
LAKHAN YADAV Son of Bijo Yadav Resident of Village - Mahesh (Babhangama), P.S.- Gwalpara, District - Madhepura 2.
Santosh Yadav @ Santosh Son of Nande Yadav Resident of Village - Mahesh (Babhangama), P.S.- Gwalpara, District - Madhepura 3.
Mukesh Yadav Son of Nande Yadav Resident of Village - Mahesh (Babhangama), P.S.- Gwalpara, District - Madhepura ... ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Uday Chand Prasad, Advocate For the Opposite Party :
Mr.Dr. Ajeet Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Gwalpara P.S. Case No. 146 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioners submits that from the FIR, it seems that the occurrence had taken place because of some dispute in relation to cutting of bamboos. There is a case and counter case between the parties. Petitioners have no criminal antecedent. There is general and omnibus allegation, and save and except injury no.2 on the person of Mathura Yadav other injuries are simple in nature. Other co-accused, namely, Raj Kumar Yadav, Vishal Kumar, Shib Kumar and Yogendra Yadav
Patna High Court CR. MISC. No.35186 of 2019(2) dt.30-05-2019 2/2 have already been allowed bail by a bench of this Court vide order dated 1.5.2019, passed in Cr.Mis.No. 28707 of 2019. Considering the facts and circumstances, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Uda Kishunganj, Madhepura in connection with Gwalpara P.S. Case No. 146 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Prabhat Kumar Singh, J) Shashi U T