Bairagi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46123 of 2019 Arising Out of PS. Case No.-409 Year-2018 Thana- KHAIRA District- Jamui ====================================================== 1.

BAIRAGI YADAV Son of Late Meghan Yadav, Resident of Village - Dayaldih, P.S.- Khaira, Distt - Jamui.

2.

Manager Yadav @ Gobind Yadav Son of Ishwar Yadav, Resident of Village - Dayaldih, P.S.- Khaira, Distt - Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Khaira P.S. Case No. 409 of 2018 registered for offence punishable under sections 147, 148, 341, 323, 427, 332, 333 and 353 of the Indian Penal Code. The police has received information that villagers were assaulting a person whereupon the police came in motion and reached at the place of occurrence and found that a house was surrounded by 80-100 persons and on looking to the police party, they started pelting stone over the police, caused injury to the police party and in that course the service revolver of the

Patna High Court CR. MISC. No.46123 of 2019(2) dt.25-07-2019 2/3 police misplaced but it was later on recovered. The name of these petitioners have been shown as accused persons Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 409 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bonds.

Patna High Court CR. MISC. No.46123 of 2019(2) dt.25-07-2019 3/3 reason, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. (Shivaji Pandey, J) Mahesh/- U T