Raj Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18025 of 2017 Arising Out of PS.Case No. -301 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Raj Kumar Yadav, son of Late Surya Narayan Yadav,

2. Kunita Devi alias Kumita Devi, wife of Santosh Kumar Yadav alias Santosh Yadav,

3. Mostt. Urmila Devi, wife of Late Surya Narayan Yadav, SI. No.1 to 3 are resident of Village Pipra, P.S.- Mufassil, District- Purnea.

4. Sachin Kumar Yadav, son of Shani Yadav alias Sunny Yadav, Resident of Village- Baraili, P.S.- Dagarua, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 The petitioners are apprehending their arrest in connection with Sadar (Mufassil) P.S. Case No. 301 of 2016, registered for offences punishable under Sections 341, 323, 307, 379/34 Indian Penal Code.

Allegation against the petitioners is of assault on the informant.

It has been submitted on behalf of the petitioners that only general and omnibus allegation has been levelled against these petitioners on the background of land dispute, however, specific allegation of assault has been levelled against co-accused, namely, Santosh Kumar Yadav.

Patna High Court Cr.Misc. No.18025 of 2017 (2) dt.02-05-2017 2/3 Learned counsel for the State could not controvert the above submission of learned counsel for the petitioners. Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that only general and omnibus allegation of assault has been levelled against these petitioners, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Sadar (Muffasil) P.S. Case No. 301 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear

Patna High Court Cr.Misc. No.18025 of 2017 (2) dt.02-05-2017 3/3 before the police 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