Mukesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23764 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mukesh Yadav Son of Sri Harishankar Yadav,

2. Umesh Yadav, Son of Sri Harishankar Yadav, Both Resident of VillageBargachhiya, P.S.-Bairiya, District-West 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 Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 The petitioners are apprehending their arrest in connection with Bairiya P.S. Case No. 155 of 2017, registered for offences punishable under Sections 384, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is forcibly cutting the sugarcane crops of the informant and also of firing and demand of rangdari.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case in the background of and dispute as the petitioners have purchased some land from one Rajnarayan Rai, which was subsequently purchased by the informant from the son of said Rajnarayan Rai and further earlier a

Patna High Court Cr.Misc. No.23764 of 2018 (3) dt.08-05-2018 2/3 proceeding under Section 144 Cr.P.C. was also there, which was decided in favour of the petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, 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 Additional Chief Judicial Magistrate -IV, West Champaran at Bettiah, in connection with Bairiya P.S. Case No. 155 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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.23764 of 2018 (3) dt.08-05-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

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