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Patna High CourtCR. MISC./54405/2017bail granted

Sintu Yadav And ORS v. The State Of Bihar

2017-11-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54405 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Sintu Yadav

2. Sachchidanand Yadav @ Sachida Yadav &

3. Chintu Sharma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Bhushan For the State : Mr. Nawal Kishore Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Munger Muffasil P.S. Case No. 47 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code and 25(i-B)A, 26(1), 27 & 35 of the Arms Act.

It has been submitted that petitioners are not named in the written report. It is alleged in the written report that police got information that few criminals have assembled in a land to do criminal act. Police party reached there and arrested nine accused persons and 7-8 persons managed to run away. One of the apprehended accused namely Sheonandan Yadav disclosed the name of these petitioners in his confessional statement before the police in paragraphs-21 & 24 of the case diary, which finds mention in the impugned order of the Sessions Judge. It has been mentioned at

Patna High Court Cr.Misc. No.54405 of 2017 (2) dt.13-11-2017 2/2 paragraph-3 of the petition that the petitioners have clean antecedent 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 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 Munger Muffasil P.S. Case No. 47 of 2017 to the satisfaction of Sri Akhilesh Pandey, learned Sub Divisional Judicial Magistrate, Munger 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.