Mahesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20148 of 2018 Arising Out of PS.Case No. -407 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Mahesh Yadav,

2. Nitish Kumar Both Sons of Fuleshwar Yadav,

3. Fuleshwar Yadav S/o Late Bishun Yadav,

4. Dukhan Yadav S/o Late Ram Sahay Yadav, All R/o Village- Dhapri, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jhajha P.S.Cae No.407 of 2017 , registered for offences punishable under Sections 147,1 49, 341, 323, 324, 354(A), 308, 379 and 504 of the Indian Penal Code.

Allegation is against one Gopal Yadav of misbehaving with the informant and also assaulting by iron rod. So far petitioner no.1 is concerned, there is allegation of thrashing the daughter of the informant on the ground and there is general allegation against the petitioner nos. 2 and 3.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and dispute is

Patna High Court Cr.Misc. No.20148 of 2018 (2) dt.11-04-2018 2/2 from before.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in connection with Jhajha P.S.Case No.407 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T