Dhurgujja @ Dhurjun Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56723 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -CHANDAN District- BANKA ======================================================

1. Dhurgujja @ Dhurjun Yadav, S/o Late Huro Yadav,

2. Moti Yadav S/o Dhurgujja @ Dhurjun Yadav,

3. Dinu @ Dindayal Yadav, S/o Dhurgujja @ Dhurjun Yadav,

4. Bhairo Yadav S/o Jharu Yadav,

5. Bikash Yadav @ Bikash Kumar Yadav S/o Jharu Yadav, All are R/o Vill.- Bishanpur, P.S.- Chandan, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/308/34 of the Indian Penal Code.

Allegation of commission of injury at the head of the informant and his brother is against petitioner Moti Yadav.

Since petitioner Moti Yadav had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, his prayer for

Patna High Court Cr.Misc. No.56723 of 2018 (2) dt.26-10-2018 P2/ anticipatory bail is refused. However, in the event of his surrender, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.

There is general and omnibus allegation against other petitioners, namely, Dhurgujja @ Dhurjun Yadav, Dinu @ Dindayal Yadav, Bhairo Yadav and Bikash Yadav @ Bikash Kumar Yadav. Hence, let them, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Chandan Police Station Case No. 181 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T