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Patna High CourtCR. MISC./50987/2017bail granted

Mantan Yadav @ Mattan Kumar @ Mattan Yadav And ORS v. The State Of Bihar

2017-10-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50987 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -BATH District- BHAGALPUR ======================================================

1. Mantan Yadav @ Mattan Kumar @ Mattan Yadav, son of Sahendra Yadav.

2. Bhado Yadav @ Bhodo Yadav, son of Goli Yadav

3. Kailash Yadav, son of Mahendra Yadav

4. Sittu Kumar @ Sinttu Yadav @ Sittu Yadav, son of Gopi Yadav All resident of village Girdharpur, P.S. Bath, Distt. Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate. For the Opposite Party/s : Smt Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bath P.S. Case No. 74 of 2017 instituted for the offence under Sections 452, 323, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that no allegation under Section 379 of the Indian Penal Code is made out in the case. All the injuries found on the person of the injured are simple in nature.

From the written report it appears that general and omnibus allegation has been levelled against these petitioners.

Patna High Court Cr.Misc. No.50987 of 2017 (2) dt.18-10-2017 2/2 Considering the facts and circumstances of the case, 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 Bath P.S. Case No. 74 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 learned Additional Chief Judicial Magistrate-XIII, Bhagalpur, 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