Sunil Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43983 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -RAJAUN District- BANKA ======================================================

1. Sunil Yadav, Son of Naresh Yadav,

2. Manish Yadav, Son of Naresh Yadav,

3. Naresh Yadav, Son of late Matru Yadav.

4. Meena Devi, Wife of Naresh Yadav. All are resident of VillageKishanpur, P.S.- Rajoun, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Rajoun P.S. Case No. 61/2018, instituted for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that both parties are Gotia. The occurrence took place on account of land dispute. There is case and counter case between the parties. Petitioner no. 3 has also filed a case against the informant and others bearing Rajoun P.S. Case No. 56/2018. In the instant case, all the injuries found on the person of the informant are simple in nature.

Patna High Court Cr.Misc. No.43983 of 2018 (2) dt.23-07-2018 2/2 Considering the facts and circumstances of the case, the 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 Rajoun P.S. Case No. 61/2018, 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 learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 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.)