Indal Kumar @ Indal Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41980 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -PALIGANJ District- PATNA ======================================================
1. Indal Kumar @ Indal Yadav,
2. Bindal Kumar @ Bindal Yadav,
3. Dharmendra Kumar @ Dharmendra Yadav @ Dhavindal Yadav,
4. Indrajit Kumar @ Indrajit Yadav All sons of Sri Akhilanand Yadav @ Akhilanand Singh, R/o Vill.- Madhwan, P.S.- Paliganj, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Paliganj P.S. Case No.77 of 2018 instituted for the offence under Sections 147, 148, 149, 323, 307, 504 of the Indian Penal Code and Section 27 of Arms Act Counsel for the petitioners submits that there is no any specific allegation against the petitioners of causing firearm injury to the informant and Jhagar Yadav as mentioned in the Fard-e-beyan. Counsel for the petitioner further submits that informant and his men had fired on brother of co-accused
Patna High Court Cr.Misc. No.41980 of 2018 (3) dt.10-08-2018 2/3 Satyanand Singh namely, Gorakh Lal Yadav and his son who had sustained grievous injury for which Gorakh Lal Yadav has lodged Paliganj P.S. Case No. 76 of 2018. The instant case is counter blast of aforesaid case.
Case diary has been received.
In the instant case informant and Ashok Yadav have been examined by the police. They have not levelled any specific allegation against the petitioners of causing fire arm injury to the informant and Jhagar Yadav.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Paliganj P.S. Case No.77 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two
Patna High Court Cr.Misc. No.41980 of 2018 (3) dt.10-08-2018 3/3 consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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