Sushil Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34544 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -KHAJAULI District- MADHUBANI ======================================================

1. Sushil Yadav S/o Late Yaddu Yadav,

2. Dilip Yadav S/o Lakshmi Yadav,

3. Sanjay Yadav Son of Lakshmi Yadav,

4. Santosh Yadav, S/o Late Ramkaran Yadav, All are R/o Village- Dadha, P.S.- Khajauli, District- Madhubani.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Informant : Mr. Gagandeo Yadav For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Khajauli P.S.Case No. 46 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 427, 380, 448, 354, 34 of the Indian Penal Code and 3/4 of Explosive Substance Act. Allegation against the petitioners is of assaulting the informant and his family members.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation and there is no specific allegation against the petitioners and there is case and counter case and both sides have received injuries and petitioners are in custody for more than two months.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail. Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.34544 of 2017 (2) dt.28-07-2017 2/2 facts and circumstances, let the petitioners, named above, 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 Additional Chief Judicial Magistrate-III, Madhubani, in connection with Khajauli P.S.Case No. 46 of 2017, G.R.No. 803 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U