Rajdeo Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28406 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- PAWNA District- Bhojpur ======================================================

1. Rajdeo Yadav, S/o Late Ram Subhag Yadav,

2. Raj Balam Yadav, S/o Late Ram Subhag Yadav, Both R/o Vill.- Pawar, P.S.- Pawana, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar Shrivastava, Advocate For the Informant :

Mr. Md. Ataul Haque, Advocate For the State :

Mr. B.K. Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.

The petitioners apprehend arrest in Pawana P.S. Case No. 12 of 2018, instituted for the offence under Sections 147,148,149,323,307 of the Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioners has submitted that there is no any specific allegation against this petitioner of making fire on any of the injured. These petitioners are only alleged to be order giver to assault the informant. It has been further submitted that they have no criminal antecedent. Both of these petitioners are aged about 70 years.

From the written report it appears that there is general and omnibus allegation against the petitioner of order

Patna High Court Cr.Misc. No.28406 of 2018(2) dt.24-05-2018 2/2 giver.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Pawana P.S. Case No. 12 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.