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Patna High CourtCR. MISC./51027/2019disposed

Ram Pravesh Yadav v. The State Of Bihar

2019-08-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51027 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- SINGHIYA District- Samastipur ====================================================== 1.

Ram Pravesh Yadav, aged about 30 years, Male, Son of Nageshwar Yadav 2.

Nageshwar Yadav aged about 69 years, Male, Son of Late Ram Lochan Yadav 3.

Chandan Yadav, aged about 39 years, Male, Son of Shiwleshwar Yadav 4.

Krish Kumar Yadav @ Munna @ Manna aged about 31 years, Male, Son of Nageshwar Yadav All are residents village- Bhushna, P.S.- Singhiya, District- Samastipur ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2019 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, 149, 341, 323, 324, 325, 307, 354, 379, 385, 448, 436 and 504 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Singhiya P.S. Case No. 45 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The petitioners and the informant are next door neighbours. The accusations of assault are general and omnibus in nature and the accusation of assault on the head of Ram Bilash Yadav attributed to petitioner no. 1 does not support the injury report. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or

Patna High Court CR. MISC. No.51027 of 2019(2) dt.19-08-2019 2/2 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 satisfaction of learned Additional Chief Judicial Magistrate-II, Rosera (Samastipur) in connection with Singhiya P.S. Case No. 45 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

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

(iii) That 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 bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate 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. (Vikash Jain, J) BT/- U T