Manoj Yadav @ Manoj Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14799 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================
1. Manoj Yadav @ Manoj Kumar Yadav, son of Ramli Yadav, resident of Village- Jhajha, Police Station- Kishanpur, District- Supaul.
2. Surya Nr. Yadav, son Late Bhagat Yadav,
3. Ram Nandan Yadav, son of Rameshwar Yadav, both resident of VillageChandpiper, Tola Kusaha, Police Station- Kishanpur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 The petitioners are apprehending their arrest in connection with Kishanpur P.S. Case No. 254 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 380, 504 and 506 Indian Penal Code. It has been submitted on behalf of the petitioners that there is case and counter case between the parties on the background of land dispute, however, no specific allegation of assault has been levelled against these petitioners rather the same has been levelled against other co-accused persons of this Case. Learned counsel for the State also could not controvert the aforesaid fact.
Having heard both sides, in view of the fact that there is
Patna High Court Cr.Misc. No.14799 of 2017 (2) dt.30-03-2017 2/3 case and counter case between the parties and as per submission of learned counsel for the petitioners and not controverted by learned counsel for the State that no specific allegation of assault has been levelled against the petitioners, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul, in connection with Kishanpur P.S. Case No. 254 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This is further subject to the condition that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates
Patna High Court Cr.Misc. No.14799 of 2017 (2) dt.30-03-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U