Sashi Chand Yadav @ Sashi Chandra Prasad Yadav And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.50693 of 2015 (2) dt.06-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50693 of 2015 Arising Out of PS.Case No. -247 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Sashi Chand Yadav @ Sashi Chandra Prasad Yadav Son of Harihar Yadav,

2. Kamal yadav, Son of Late Ram Jyoti Yadav @ Paro Yadav,, Both resident of village - Khar Diyara, P.S. - Sahebpur Kamal, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Kumar, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 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, 148, 149, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with S. Kamal P.S. Case No. 247 of 2015.

3. It is submitted that the petitioners have been falsely implicated as in fact the initial intimation was given by the son of the petitioner no. 1 himself. There is no medical document showing injury to corroborate the accusation of firing by the accused persons.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the

Patna High Court Cr.Misc. No.50693 of 2015 (2) dt.06-11-2015 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 Chief Judicial Magistrate, Begusarai, in connection with S. Kamal P.S. Case No. 247 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioners shall cooperate with the investigation 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.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T