Suman Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76156 of 2018 Arising Out of PS. Case No.-230 Year-2018 Thana- RAJAON District- Banka ======================================================

1. Suman Yadav

2. Belu Yadav @ Bale Yadav

3. Santosh Yadav, All sons of Late Deepan Yadav

4. Renu Devi, W/o Late Deepan Yadav, All resident of Village- Mohanpur, P.S. Rajoun, District Banka. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Mritunjay Prasad Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323/307, 307, 354, 504 and 506/34 of the Indian Penal Code registered in connection with Rajaun P.S. Case No. 230 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. All the injuries sustained by the informant and his elder brothers are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajaun P.S. Case No. 230 of 2018, subject to the conditions as

Patna High Court Cr.Misc. No.76156 of 2018(3) dt.31-01-2019 2/2 laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That petitioner no. 4 will be well represented and the remaining petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/Chandran (Vikash Jain, J) U T