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Patna High CourtCR. MISC./13176/2018bail granted

Roy Yadav And ORS v. The State Of Bihar

2018-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13176 of 2018 Arising Out of PS.Case No. -266 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Roy Yadav, S/o Sakaldeep Yadav,

2. Upendra Yadav S/o Sarju Yadav,

3. Lala Yadav S/o Late Binda Yadav,

4. Uday Yadav S/o Upendra Yadav, All are R/o Village- Hajipur, P.S.- Fatuha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Singh For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Fatuha P.S.Case no.266 of 2017 , registered for offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code.

Petitioners are named in the FIR and there is allegation that there was firing in the village with respect to construction of Nala and the police party reached there.

Submission of the learned counsel for the petitioners is that his name has been disclosed by the accused person who were arrested at the spot but none has received any injury and nothing has been recovered from the accused persons.

Patna High Court Cr.Misc. No.13176 of 2018 (2) dt.04-04-2018 2/2 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 J.M. Ist Class, Patna City in connection with Fatuha P.S.Case No.266 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