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Patna High CourtCR. MISC./51474/2019bail granted

Sanjay Yadav v. The State Of Bihar

2019-08-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51474 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

SANJAY YADAV Son of Late Vyas Yadav Resident of village- Dogachchi, P.S.- Nathnagar, Distt.- Bhagalpur.

2.

Basuki Yadav Son of late Mahabir Yadav Resident of village- Dogachchi, P.S.- Nathnagar, Distt.- Bhagalpur.

3.

Niranjan Yadav Son of Subhit Yadav Resident of village- Dogachchi, P.S.- Nathnagar, Distt.- Bhagalpur.

4.

Sanjay Yadav Son of Subhit Yadav Resident of village- Dogachchi, P.S.- Nathnagar, Distt.- Bhagalpur.

5.

Gauri Yadav @ Gouri Yadav Son of Late Rameshwar Yadav Resident of village- Dogachchi, P.S.- Nathnagar, Distt.- Bhagalpur. 6.

Subhit Yadav @ Sovit Yadav Son of Late Rameshwar Yadav Resident of village- Dogachchi, P.S.- Nathnagar, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nathnagar P.S. Case No. 150 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

There are 15 persons named in the FIR. There is allegation against them that they were armed variously and were dismantling huts, which was objected to by the informant. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.51474 of 2019(2) dt.19-08-2019 2/2 petitioners appears to be correct in his submission that allegation of assault is general and omnibus against all persons. It appears that there is counter-case registered on the same day as Nathnagar P.S. Case No. 151 of 2019 in which informant of the present case is also an accused.

Considering the nature of allegation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-1st, Bhagalpur in Nathnagar P.S. Case No. 150 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T