Rajendra Yadav @ Rajendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40294 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajendra Yadav @ Rajendra Prasad, Son of Late Raghunath Yadav,

2. Sanjay Kumar, Son of Shri Vishundev Yadav,

3. Suresh Ram, Son of Tuni Ram All are R/o Village- Khaira, P.S.- Ben, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Shashank Shekhar, Advocate Mr. Pravin Kumar, Advocate For the State : Ms. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Ben P.S. Case No. 147 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per written report there is specific allegation of causing firearm injury to the informant against co-accused Nasim who is not the petitioner in this case. There is general and omnibus allegation against these petitioners that they have also made firing.

Patna High Court Cr.Misc. No.40294 of 2017 (2) dt.21-09-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Ben P.S. Case No. 147 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 learned Chief Judicial Magistrate-I, Nalanda at Biharsharif, 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.Ali/- U T