Arjun Yadav @ Arjun Jadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10769 of 2018 Arising Out of PS.Case No. -253 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================

1. Arjun Yadav @ Arjun Jadav, son of late Darshan Yadav, &

2. Mahesh Yadav @ Mahesh Prasad Yadav, son of Arjun Yadav @ Arjun Jadav, both resident of village- Husainichak, P.S.-Ballia, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Ballia P.S. Case No.253 of 2017 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.

Supplementary Affidavit filed on behalf of the petitioners be kept on record.

Counsel for the petitioners has submitted that petitioners have been falsely implicated in this case due to land dispute. The informant, her husband and family members talked with the petitioners' family for executing Kewala of land for which petitioners' family had paid rupees nineteen lac thirty

Patna High Court Cr.Misc. No.10769 of 2018 (2) dt.27-02-2018 2/3 thousand to the informant on different dates, but the informant did not want to either execute the sale deed or return the money for which petitioners' family has lodged a case against the informant and his family members vide Ballia P.S. Case No.259 of 2017.

In the instant case, there is general and omnibus allegation against the petitioners.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Ballia P.S. Case No.253 of 2017, 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 Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or

Patna High Court Cr.Misc. No.10769 of 2018 (2) dt.27-02-2018 3/3 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) JA/- U T