Bihari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48351 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Bihari Yadav, S/o late Ramakant Yadav,
2. Jitendra Yadav @ Jitendra Kumar Yadav, S/o Ramlal Yadav,
3. Ramlal Yadav, S/o late Jagarnath Yadav, all resident of village- Telpur, P.S.- Lauriya, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Lauriya P.S. Case No.89 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. It has been submitted that there is case and counter case between the parties. From the side of the petitioners, Lauriya P.S. Case No.90 of 2017 has been instituted against the prosecution party.
In the instant case, there is no specific overt act alleged against the petitioners. They are only said to be the members of unlawful assembly.
In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.48351 of 2017 (2) dt.17-10-2017 2/2 the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Lauriya P.S. Case No.89 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, 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.