Gurudev Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46929 of 2018 Arising Out of PS.Case No. -881 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Gurudev Yadav, S/o Late Chaturi Yadav,

2. Satrughan Yadav S/o Sri Gurudev Yadav,

3. Pandav Yadav, S/o Sri Gurudev Yadav,

4. Pawan Yadav S/o Sri Gurudev Yadav, All are Resident Vill.- Jagarnathpur, P.S.- Sajour (Shahkund), District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mangli Devi W/o Modo Yadav, R/o Vill.- Jagarnathpur, P.S.- Sajour, District- Bhagalpur.

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

There is no eye-witness of the occurrence of murder of the daughter of the informant who died sustaining burn injury. Allegation is that the petitioners and others, for land dispute have

Patna High Court Cr.Misc. No.46929 of 2018 (3) dt.08-10-2018 2/2 committed the murder.

Submission is that after investigation police submitted final form. The petitioners were not sent up for trial. Moreover, co-accused Parmanand Yadav and Kailash Yadav have been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 17.09.2018 passed in Cr. Misc. No. 55410 of 2018.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No. C-881 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T