Kanhaiya Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15417 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Kanhaiya Yadav

2. Majhala Yadav

3. Murli Yadav All Three sons of Munna Yadav

4. Bhola Yadav

5. Dadan Yadav Both Sons of Mukhlal Yadav All resident of village - Lalganj, P.S. Buxar ( M ), District - Buxar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 27-05-2015 Heard learned counsel for the Petitioners and learned A.P.P. for the State.

The Petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 448, 307 and 302 of the Indian Penal Code and 27 of the Arms Act. Considering that there is no specific over act alleged against the present Petitioners as also the fair antecedents of the Petitioners, let the Petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with Buxar (M) P.S. Case No. 44 of 2015 on furnishing bail bonds of Rs. 5,000/- (five thousand)

Patna High Court Cr.Misc. No.15417 of 2015 (2) dt.27-05-2015 2/2 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (a) That one of the bailor will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how they are related with the Petitioners. The bailor will undertake to furnish information to the Court about any change in address of the Petitioners.

(b) That the affidavit shall clearly state that the Petitioners are not the accused in any other case and if they are they shall not be released on bail, (c) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (d) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J.) Vats/- U T