Rama Nand Yadav @ Rama Nand Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28155 of 2018 Arising Out of PS. Case No.-250 Year-2017 Thana- DHANARUA District- Patna ======================================================
1. RAMA NAND YADAV @ RAMA NAND PRASAD son of Late Ram Dahin Yadav.
2. Ranjan Yadav son of Rama Nand Yadav.
3. Rakesh Yadav @ Rakesh Kumar Yadav, son of Brind Prasad @ Weshar Yadav @ Weshar Prasad. All Resident of VillagePakartar, P.S.- Dhanarua, District- Patna ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ram Naresh Ray, Adv.
For the Opposite Party :
Mr. Dinesh Singh, APP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Dhanaurua P.S. Case No. 250 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 308 of the Indian Penal Code, 25(Ib)a, 26, 27 and 35 of the Arms Act and 3 and 4 of the Explosive Substances Act.
Allegation, as per the first information report, is that one of the accused has exploded bomb, but, that hit the accused persons itself and the allegation against the petitioners is of assault.
Submission of the learned counsel for the petitioners
Patna High Court Cr.Misc. No.28155 of 2018(2) dt.16-05-2018 2/3 is that no specific allegation has been attributed and main allegation is against one co-accused, Lala Yadav. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, named above, 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 bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Subdivisional Judicial Magistrate, Masaurhi, Patna, in connection with Dhanaurua P.S. Case No. 250 of 2017 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as 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 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
Patna High Court Cr.Misc. No.28155 of 2018(2) dt.16-05-2018 3/3 to move for cancellation of his bail bonds.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) Shamshad/- U T