Niranjan Yadav @ Niranjan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41247 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================
1. Niranjan Yadav @ Niranjan Kumar, S/o- Yugesh Yadav @ Yugeshwar Yadav,
2. Binod Yadav @ Binod Kumar, S/o- Devnandan Yadav,
3. Jairam Yadav, S/o Lila Yadav,
4. Bharat Yadav, S/o Sanjay Yadav,
5. Dharmendra Yadav, S/o Yugesh Yadav,
6. Manoj Yadav, S/o Kaulesh Yadav, all are resident of village- Khardih, P.S.- Mohanpur, P.O.- Lahthua, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Varun Kumar Trivedi, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Barachatti (Mohanpur) P.S. Case No.90 of 2016 instituted for the offence under Section(s) 147, 149, 341, 323, 504, 506 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioners has submitted that they have been implicated in this case due to village politics relating to election of Mukhiya of Khardih Panchayat. Wife of coaccused, Birendra Yadav, was the winning candidate and she finally won the election. The informant has brutally assaulted the
Patna High Court Cr.Misc. No.41247 of 2017 (3) dt.02-01-2018 2/3 accused persons and fired from his gun upon the accused persons due to which Mohanpur (Gaya) P.S. Case No.91 of 2016 has been instituted.
In the written report, there is general and omnibus allegation against these petitioners of making firing on account of which two persons sustained pillet injury.
Case diary has been received.
Learned APP has submitted that injury found on the person of both the injured are simple in nature. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Barachatti (Mohanpur) P.S. Case No.90 of 2016, 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 the Additional Chief Judicial Magistrate, Sherghati, Gaya, 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
Patna High Court Cr.Misc. No.41247 of 2017 (3) dt.02-01-2018 3/3 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) JA/- U T