Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53848 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- SALAIYA District- Aurangabad ====================================================== 1.

ARVIND YADAV Son of Rajendra Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

2.

Pappu Yadav Son of Kailash Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

3.

Vikash Kumar @ Vikas Yadav Son of Late Jaglal Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad. 4.

Bilash Yadav Son of Late Jaglal Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

5.

Bablu Yadav Son of Bilash Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

6.

Doman Yadav Son of Late Gobardhan Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

7.

Anil Yadav Son of Yugesh Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

8.

Anand Yadav Son of Rajendra Yadav Resident of Village - Kailhua, P.S.- Salaiya, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 323, 504, 307, 324, 379, 354 of the Indian Penal Code registered in connection with Salaiya P.S. Case No. 35/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute and the FIR is against as many as 15 accused persons including the petitioners. In any event it is

Patna High Court CR. MISC. No.53848 of 2019(2) dt.27-08-2019 2/2 submitted that the injuries to the informant side attributed to the specific assault by the petitioner nos. 1, 2 and 5 are simple in nature and the accusation of assault against the remaining petitioners are general and omnibus in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Salaiya P.S. Case No. 35/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T