Chandan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25531 of 2018 Arising Out of PS.Case No. -60 Year- 2018 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Chandan Yadav, S/o Lalan Yadav,

2. Prince Yadav, S/o Lal Bahadur Yadav @ Lal Bahadur Singh. Both resident of Village- Balirampur, P.S. Buxar (Muffasil), District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Buxar Muffasil P.S.Case no.60 of 2018, registered for offences punishable under Sections 147, 1489, 149, 447, 341, 323, 307, 337, 338 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that the petitioner no.1 has assaulted by rod and the petitioner no.2 has assaulted by lathi to the informant and others.

Submission of the learned counsel for the petitioners is that the dispute arose with respect to removal of speed-breaker. Moreover, the parties have some dispute from earlier, which will appear from the impugned order.

Patna High Court Cr.Misc. No.25531 of 2018 (3) dt.27-06-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Buxar in connection with Buxar (Muffasil) P.S.Case nO.60 of 2018 , subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T