Sobran Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41266 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sobran Yadav, son of Late Surya Yadav
2. Binod Ram, son of Singasan Ram Both are residents of Village - Chanraul, Police Station - Nawalpur, District - West Champaran.
3. Ravi Shankar Yadav, son of Kodai Yadav, Resident of Village - Siswa Bairagi, Police Station - Nawalpur, District - West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioners and the State. The petitioner No. 1 has already been arrested and his application for anticipatory bail was dismissed as withdrawn vide order dated 04.09.2017 passed by this Court.
The petitioner Nos. 2 and 3 apprehend their arrest in Jogapatti (Nawalpur) P.S. Case No. 121 of 2017 instituted for the offence under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.
It has been submitted that petitioner No. 2 is identifier and petitioner No. 3 is witness of the sale deed in question. There is allegation in the written report that petitioner No. 1 namely Sobran Yadav has purchased 9 Kattha of land by a registered
Patna High Court Cr.Misc. No.41266 of 2017 (3) dt.11-09-2017 2/2 sale deed from Ragho Rai, Kamlesh Rai and Vijay Rai. The petitioner Nos. 2 and 3 are not beneficiaries of the sale deed as they are identifier and witness of the sale deed.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner Nos. 2 and 3 namely, Binod Ram and Ravi Shankar Yadav is allowed. In the event of surrender/arrest of the petitioner Nos. 2 and 3, named above, within six weeks from today, in connection with Jogapatti (Nawalpur) P.S. Case No. 121 of 2017, 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 2nd Additional Chief Judicial Magistrate, Bettiah, West Champaran, 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 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) S.