Bhola Yadav @ Bhola Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62236 of 2017 Arising Out of PS.Case No. -502 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhola Yadav @ Bhola Rai,
2. Ramdeni Yadav, Both Sons Imrit Yadav, R/o Village- Siswa Tola Amwa, P.S.- Banjariya, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 The petitioners seek regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 502 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 325, 447, 448, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against petitioner no. 1 is of assault to the informant on his head by means of garasa and allegation against petitioner no. 2 is of sprinkling K-oil on the brother of informant. It has been submitted on behalf of the petitioners that only general and omnibus allegation has been made and there is case and counter case between the parties and though there is allegation of assault, however, injuries caused to the injured were
found to be simple in nature. Petitioners have been in custody since 02.11.2017 and have no criminal antecedents. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 502 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any
genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T