Sitaram Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.55840 of 2018 (2) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55840 of 2018 ======================================================

1. Sitaram Yadav, S/o Late Baudhi Yadav,

2. Mantosh Yadav, S/o Sitaram Yadav,

3. Mahesh yadav S/o Gulli Yadav, All are residents of Vill.- Badildih, P.S.- Khaira, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Adv For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 307, 448, 337, 379 and 504 IPC registered in connection with Khaira P.S. Case No. 227 of 2017.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. The injuries are simple in nature. Similarly situated co-accused have been granted anticipatory bail by this Court in Cr. Misc. No.28028 of 2018. The petitioner claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.55840 of 2018 (2) dt.08-10-2018 satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 227 of 2017 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T