Basudev Yadav @ Basudeo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39752 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -JADIA District- SUPAUL ======================================================
1. Basudev Yadav @ Basudeo Yadav,
2. Sanichar Yadav, Both Sons of Aneshwer Yadav.
3. Ganga Yadav @ Ganga Kumar,
4. Sikendra Yadav @ Suroj Kumar, Both sons of Jasdev Yadav, resident & Police Station- Jaidia.
5. Manohar Yadav.
6. Pramod Kumar, Both Sons of Ramdutt Yadav, Resident of VillageDahariya, Police Station- Chhatapur, all are District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Jadia P.S. Case No. 20 of 2017 instituted for the offence under Sections-307, 379 & other minor sections of the Indian Penal Code.
There is allegation in the written report against petitioner No. 2 of assaulting Md. Qayum on head with farsa. There is general and omnibus allegation against other accused persons. The injury report of Md. Qayum has been enclosed as Annexure-3 wherein the doctor has found injuries on his person, to be simple in nature. It has further been submitted that this case is counter blast of Jadia P.S. Case No. 21 of 2017 filed by daughter-in-law of
Patna High Court Cr.Misc. No.39752 of 2017 (3) dt.07-09-2017 2/2 petitioner No. 1 regarding same date and time of occurrence against the informant and others in which, members of the petitioners side have also sustained injuries.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Jadia P.S. Case No. 20 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners 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) A.K.V./- U T