Budhan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13883 of 2015 Arising Out of PS.Case No. -577 Year- 2014 Thana -BARACHATTI District- GAYA ======================================================

1. Budhan Yadav, Son of Late Modan Yadav.

2. Naresh Yadav, Son of Budhan Yadav.

3. Shankar Yadav, Son of Budhan Yadav.

All resident of Village-Patluluka, P.S.-Barachatti, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Javed Jafar Khan, Adv. For the Opposite Party/s : Mr. Mukesh Kr. Singh (A.P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Barachatti P.S. Case No. 577 of 2014, disclosing offences under Sections 147, 148, 149, 307, 379 and 428 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that admittedly the occurrence took place between the parties because of dispute over the passage. He

Patna High Court Cr.Misc. No.13883 of 2015 (3) dt.12-08-2015 2/2 submits that the petitioners have no criminal antecedent and are ready to cooperate with the police in course of investigation. He further submits that there is no chance of the petitioners, tampering with the evidence in the facts and circumstances of the case or absconding from the cause of investigation or trial. In view of the submission as above, this application is allowed. Let the petitioner nos. 1, 2 and 3, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati, District-Gaya in connection with Barachatti P.S. Case No. 577 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T