Patna High CourtCR. MISC./29956/2018bail granted

Vijay Yadav And ANR v. The State Of Bihar

2018-06-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29956 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- BODHGAYA District- Gaya ======================================================

1. Vijay Yadav, S/o Late Ram Autar Yadav, R/o Vill.- Rampur, P.S.- Bodhgaya, Distt.- Gaya.

2. Hare Krishna @ Hari Krishna Prasad Yadav S/o Govardhan Yadav, R/o Vill.- Parsa, P.S.- Cherki, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bibhuti Narayan, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend arrest in Bodhgaya P.S. Case No. 210 of 2018 instituted for the offence under Sections 109,147,149,188,353 of the IPC.

Learned counsel for the petitioners submits that they are said to be a member of unlawful assembly. It is alleged in the written report that several persons were obstructing the traffic on the road. The petitioners are said to be members of the aforesaid unlawful assembly. It has been further submitted that similarly situated co-accused has already been granted anticipatory bail by this court vide Cr. Misc.No. 30901 of 2018, order dated 24.05.2018.

Patna High Court Cr.Misc. No.29956 of 2018(3) dt.28-06-2018 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 bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bodhgaya P.S. Case No. 210 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Gaya, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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.