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Patna High CourtCR. MISC./5271/2017bail granted

Rabin Yadav And ANR v. The State Of Bihar

2017-02-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5271 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Rabin Yadav, Son of Late Ganga Yadav,

2. Badal Yadav @ Badal Kumar, Son of Rabin Yadav, Both Resident of Vilage- Bari Lagar, P.S. Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 341, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that there is omnibus allegation against the petitioners and land dispute is admitted between the parties. So far allegation of assault by firing is concerned, that is against co-accused Kare Lal Yadav. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that against these petitioners no specific allegation has been attributed and up-till-now no injury report has been submitted either by the doctor or by the investigating officer of this case, let above named

Patna High Court Cr.Misc. No.5271 of 2017 (2) dt.15-02-2017 2/2 petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist Khagaria, in connection with Parbatta P.S. Case no. 218 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that bailors should be local having sufficient property within the jurisdiction of the court concerned and petitioners shall cooperate in the investigation and make themselves available before the police as and when required.

However, it is made clear that after submission of Chargesheet if any cogent materials are found against the petitioners, prosecuting agency is at liberty to move for cancellation of bail of the petitioners.

(Vinod Kumar Sinha, J) sudip/- U T