Hare Krishna Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16283 of 2015 Arising Out of PS.Case No. -246 Year- 2013 Thana -KHODWANPUR District- BEGUSARAI ======================================================

1. Hare Krishna Yadav, S/o Late Ramjee Yadav

2. Arvind Yadav

3. Ram Balak Yadav

4. Indradeo Yadav

5. Ram Chandra Yadav

6. Ram Sevak Yadav All five S/o Hare Krishna Yadav All Resident of Village Ekamba, P.S. Khodwandpur, District Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rai Mukesh Sharma, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, (Spl. App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 28-05-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 341, 323, 504, 324, 506, 379, 354 of the Indian Penal Code, Sections 3(i) (x) of the SC/ST Act.

In view of the antecedents of the Petitioners No. 1 and 2, I am not inclined to extend the privilege of anticipatory bail to them in connection with Khodwandpur P.S. Case No. 246 of 2013 pending before Sri R.K. Dwivedi, Judicial Magistrate, 1st Class, Begusarai.

Patna High Court Cr.Misc. No.16283 of 2015 (2) dt.28-05-2015 2/3 The prayer for anticipatory bail of Petitioners No. 1 and 2 is rejected.

As for rest of the Petitioners, i.e. Petitioners No. 3, 4, 5 and 6, in view of the nature of allegation and their fair antecedents, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Khodwandpur P.S. Case No. 246 of 2013, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Sri R.K. Dwivedi, Judicial Magistrate, 1st Class, Begusarai, 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.

Patna High Court Cr.Misc. No.16283 of 2015 (2) dt.28-05-2015 3/3 proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for 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