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Patna High CourtCR. MISC./46451/2017bail granted

Ashok Yadav @ Ashok Jadab And ANR v. The State Of Bihar

2017-10-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46451 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Ashok Yadav @ Ashok Jadab son of Gorelal Yadav

2. Nitish Kumar son of Bishnu Yadav @ Bishan Yadav Both residents of village Wazitpur, P.S. Kashichak (O.P. Sahpur), District Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Sheikhopur Sarai P.S. Case No. 68 of 2017 instituted for the offence under Section-325 & other minor Sections of the Indian Penal Code. It has been submitted that the petitioners have no criminal antecedent. There is general and omnibus allegation that when the informant Dharmendra Kumar Anchal Amin went to get measured the land, these petitioners along with 3-4 unknown persons caused obstruction and gave threat to kill him. It is also alleged that these petitioners and others also caused injury to the informant by assaulting him with Lathi, Danda etc.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.46451 of 2017 (2) dt.13-10-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Sheikhopur Sarai P.S. Case No. 68 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Sheikhpura subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T