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Patna High CourtCR. MISC./4738/2017bail granted

Lali Yadav And ORS v. The State Of Bihar

2017-02-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4738 of 2017 Arising Out of PS.Case No. -76 Year- 2015 Thana -SANGRAMPUR District- MUNGER ======================================================

1. Lali Yadav, son of Chandeshwar Yadav,

2. Sanjay Yadav, son of Chandeshwar Yadav,

3. Rajesh Kumar Yadav @ Rajesh Yadav, son of Muneshwar Yadav, Both are resident of village Maheshpur, Police Station Sangrampur, District Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 This is an application for grant of bail for offences punishable under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is omnibus allegation against the petitioners and other accused persons of assaulting the deceased but other accused persons have been granted anticipatory bail by different Benches of this Court vide orders dated 19.1.2016, 6.9.2016 and 1.4.2016 in Cr. Misc. nos. 55438/2015, 30077/2016 and 5648/2016 respectively and petitioners have also remained in custody for more than four months.

Heard learned A.P.P. also. Learned A.P.P. could not controvert the fact that similarly situated co-accused have been

Patna High Court Cr.Misc. No.4738 of 2017 (2) dt.14-02-2017 2/2 granted bail.

Having heard both sides, in view of the fact that there is no specific allegation against the petitioners and other similarly situated co-accused have been granted bail by different Benches of this Court, let above named petitioners be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Sangrampur P.S. Case no. 76 of 2015 with the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and in the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) sudip/- U T