Pramod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47220 of 2017 Arising Out of PS.Case No. -100 Year- 2015 Thana -PANDARAK District- PATNA ======================================================

1. Pramod Yadav, Son of Bikki Yadav,

2. Subhash Kumar @ Subhash Yadav, Son of Ram Chandra Yadav,

3. Yogi Yadav @ Yogendra Yadav, Son of Suresh Yadav, All are R/o Village- Champapur, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Pandarak P.S. Case No. 100 of 2015 instituted for the offence under Sections-307 & other minor Sections of the Indian Penal Code.

It has been submitted that final form has been submitted by the police after investigation against these petitioners but cognizance has been taken against these petitioners also along with other coaccused persons. The learned Sessions Judge has rejected the anticipatory bail of the petitioners on technical ground as mentioned in the impugned order.

In the written report, there is no allegation of any overt act against these petitioners.

Patna High Court Cr.Misc. No.47220 of 2017 (2) dt.11-10-2017 2/2 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 Pandarak P.S. Case No. 100 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna 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