Rambrichh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37042 of 2018 Arising Out of PS. Case No.-37 Year-2017 Thana- UPHARA District- Aurangabad ======================================================
1. Rambrichh Yadav son of late Dawarik Yadav
2. Indu Yadav @ Sunil Kumar son of Janak Yadav Both R/o village Dadwan, P.S.Uphara, District-Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Leelawati Kumari For the Opposite Party/s :
Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Uphara P.S. case no. 37/2017 instituted for the offence under Section 147, 148, 149, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
There is no allegation of any specific overt act against these petitioners. In the written report there is allegation against co- accused Raja Yadav of assaulting with Dab. It is mentioned in para-3 of the bail petition that petitioners have clean antecedents.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event
Patna High Court Cr.Misc. No.37042 of 2018(2) dt.27-06-2018 2/2 of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Uphara P.S. case no. 37/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SDJM, Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438(2) 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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.
(Sanjay Priya, J) shyambihari/- U T