Arun Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37908 of 2018 Arising Out of PS.Case No. -176 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Arun Yadav,
2. Rabindra Yadav Both are Sons of late Suresh Yadav,
3. Arbind Yadav S/o Ramdev Yadav, All are R/o Vill.- Olapur Gangaur, P.S.- Gangaur, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP For the informant : Mr. Prashant Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioners are apprehending their arrest in connection with Khagaria (Gangaur) P.S. Case No. 176 of 2018, registered for offences punishable under Sections 341, 323, 307, 447, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner nos.1 & 2 are of assault by lathi to the informant and against petitioner no.3 is of assault by lathi to one Chhotan Yadav.
Submission of learned counsel for the petitioners is that there is case and counter case between the parties and injuries are simple in nature, except one injury which is inflicted on hand of the informant.
Patna High Court Cr.Misc. No.37908 of 2018 (3) dt.07-08-2018 2/3 Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail to the petitioners by stating that one injury is grievous in nature. 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 Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangaur) P.S. Case No. 176 of 2018, 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.37908 of 2018 (3) dt.07-08-2018 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/Amjad/- U T