Deorat Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35592 of 2018 Arising Out of PS. Case No.-914 Year-2017 Thana- KHAGARIA District- Khagaria ======================================================
1. Deorat Yadav, S/o Buchchoo Yadav.
2. Amir Yadav, S/o Kapildeo Yadav,
3. Raghuveer Yadav, S/o Kapildeo Yadav.
4. Jagtar Yadav, S/o Hakru Yadav, All resident of VillageBarkhandi Tola, P.S.- Muffasil, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh For the Opposite Party/s :
Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Khagaria (Muffasil) P.S. Case No. 914 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 385, 504, 379, 307 and 452 of the Indian Penal Code.
Learned counsel for the petitioners have submitted that petitioners have clean antecedents. The occurrence has taken place on account of land dispute which is apparent from the Fardbeyan itself. It is alleged that on the date of occurrence petitioners and other accused persons assaulted the informant and took away box containing Rs. 1,00,000/- ( one lacs). The
Patna High Court Cr.Misc. No.35592 of 2018(3) dt.11-07-2018 2/3 learned Sessions Judge, Khagaria has mentioned in the impugned order that injury report is separately attached as mentioned in Para-20 of the case diary. But no description of the injury was given by the in-charge Sessions judge in the impugned order. Learned counsel for the petitioners has mentioned in Para-10 of the bail petition that as per instruction injuries are simple in nature.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Khagaria (Muffasil) P.S. Case No. 914 of 2017, GR No. 3761 of 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 CJM, Khagaria, 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
Patna High Court Cr.Misc. No.35592 of 2018(3) dt.11-07-2018 3/3
(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