Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4021 of 2021 Arising Out of PS. Case No.-63 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

Sitaram Yadav, S/o Late Neti Yadav 2.

Khattar Yadav, S/O Late - Neti Yadav Both are Residents of Village - Gamhariya, P.S. - Gamhariya, District - Madhepura.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioners and the State. In the present case, the petitioners are seeking bail in Gamhariya P.S. Case No. 63 of 2019 registered for offence punishable under Sections 147, 148, 149, 341, 323, 307 and 427 of the Indian Penal Code.

The petitioners have moved before this Court earlier in Cr. Misc. No.14095 of 2020 and this Court vide order dated 08.06.2020 has rejected the prayer for bail.

It is alleged in the FIR that all the accused persons including the petitioners have assaulted the informant and his family members mercilessly, however, counsel for the petitioners submits that there is a case and counter case between

Patna High Court CR. MISC. No.4021 of 2021(2) dt.19-01-2021 2/2 the parties and there is no specific allegation of assault against these petitioners. It is urged that the petitioner nos.1 and 2 are in custody since 29.12.2019 and 03.01.2020 respectively. Considering the facts and circumstances of the case, the petitioners, above-named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Madhepura in connection with Gamhariya P.S. Case No. 63 of 2019 with a condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

(Shivaji Pandey, J) V.K.Pandey/- U T