Chhabilal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32484 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Chhabilal Yadav, S/o Sattan Yadav,

2. Pawan Yadav, S/o Late Bindeshwari Yadav, Both resident of Village- Pakilpara, P.S.- Bihariganj, District- Madhepura.

3. Bharat Yadav @ Bharat Kumar, S/o Jadu Yadav @ Bilo Yadav,

4. Radhe Yadav, S/o Bhikha Yadav,

5. Jadu Yadav S/o Late Baijnath Yadav, All resident of Village- Rahijagatpur, P.S. Bihariganj, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar, Advocate. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bihariganj P.S. Case No. 90 of 2017 instituted for the offence under Sections 143, 144, 149, 447 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that petitioner No. 1 made firing. There is no any specific allegation against other petitioners. The seizure list shows that fired cartridges were produced before the police by the informant and other villagers. From the written report it appears that no injury has

Patna High Court Cr.Misc. No.32484 of 2017 (2) dt.14-07-2017 2/2 been caused to anybody.

In such circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bihariganj P.S. Case No. 90 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Abhimanu Kumar, Judicial Magistrate, 1st Class, Uda Kishunganj, Distt. Madhepura, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T