Pawan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50375 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Pawan Yadav, Son of Bajrangi Yadav,

2. Sunil Yadav Son of Bajrangi Yadav,

3. Yogesh Yadav Son of Mutuk Yadav,

4. Sukay Yadav Son of Mutuk Yadav,

5. Mahesh Yadav Son of Yamuna Yadav,

6. Tuntun Yadav Son of Yamuna Yadav,

7. Akhilesh Yadav Son of Naresh Yadav,

8. Munshi Yadav Son of Sugay Yadav, All R/o Village- Madan Gopalichak, P.S.- Pirpainty, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Pirpainti P.S. Case No. 68 of 2017 instituted for the offence under Sections-307, 384 & other minor Sections of the Indian Penal Code and 27 of the Arms Act. It has been submitted that there is allegation against petitioner No. 1 of firing but no fire arm injury was found. There is specific allegation against co-accused Sanjay Yadav of causing injury to the informant on the nose with sickle who is not the petitioner here. In the written report, general and omnibus allegation has been levelled against petitioner Nos. 2 to 8. The petitioner No. 1 is alleged to have caused firing but no fire arm injury was caused to

Patna High Court Cr.Misc. No.50375 of 2017 (3) dt.01-11-2017 2/2 anybody.

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 Pirpainti P.S. Case No. 68 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateXI, Bhagalpur 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