Sajjan Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13399 of 2018 Arising Out of PS.Case No. -334 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Sajjan Yadav,' Son of Dasharath Yadav.
2. Balmiki Yadav, Son of Late Rameshwar Yadav, Both Resident of Village-Kharhat, P.S.-Sahebpur Kamal, District-Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 At the very outset, it has been submitted by learned counsel for the petitioners that petitioner no. 1 has already been taken into custody as such this application with regard to petitioner no. 1 has become infructuos and he may be allowed to withdrawn the prayer for bail of petitioner no. 1 Permission is accorded.
Accordingly, this application so far petitioner no. 1 is concerned, it is dismissed as having become infructuos. So far petitioner no. 2, namely, Balmiki Yadav is concerned, he is apprehending his arrest in connection with Sahebpur Kamal P.S. Case No. 334/17, registered for offences punishable under Sections 341, 323, 307, 504 and 386/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.13399 of 2018 (2) dt.05-04-2018 2/3 Allegation against the petitioner and others is of assault to the informant and demand of extortion money. It has been submitted on behalf of the petitioner out and out false and concocted case has been filed against the petitioner. There is case and counter case between the parties and injuries caused to the informant are simple in nature. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -V, Begusarai, Gaya in connection with Sahebpur Kamal P.S. Case No. 334/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.13399 of 2018 (2) dt.05-04-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T