Sunil Yadav @ Sunil Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40618 of 2014 Arising Out of PS.Case No. -76 Year- 2013 Thana -SABAUR District- BHAGALPUR ======================================================
1. Sunil Yadav @ Sunil Kumar Yadav Son of Kameshwar Yadav, Resident of village- Mirjapur, P.S.- Sabour, District- Bhagalpur
2. Ram Sevak Paswan Son of Late Babulal Paswan, Resident of villageChandheri, P.S.- Sabour, District- Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 13-03-2015 Heard.
The petitioners apprehend their arrest in a criminal prosecution registered under Sections 143, 149 and 353 of the Indian Penal Code.
Taking into consideration the fact that the petitioners are alleged to have committed ruckus while they were on strike and further taking into consideration the fact that allegations against them are not very serious, this Court is inclined to accede to the prayer for grant of anticipatory bail. In the event of their arrest or surrender in the court below within a period of four weeks from today, they shall be enlarged on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, , Bhagalpur in connection with Sabour P.S. Case No. 76 of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P. C. and subject to further conditions that:
(A) One of the bailors must be government servant or close family member of the petitioners, who will
Patna High Court Cr.Misc. No.40618 of 2014 (2) dt.13-03-2015 2/2 file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, then the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel their bail bonds.
(Birendra Prasad Verma, J) BTiwary/- U T