Patna High CourtCR. MISC./44927/2017bail granted

Vijay Yadav @ Vijay Kumar Yadav And ORS v. The State Of Bihar

2017-11-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44927 of 2017 Arising Out of PS.Case No. -808 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================

1. Vijay Yadav @ Vijay Kumar Yadav, son of Rajendra Yadav,

2. Lalit Yadav @ Rudal Yadav @ Lalit Yadav Rudal, son of late Sukhdeo Yadav,

3. Dinesh Yadav, son of late Sukhdeo Yadav, all R/o Village- Baijnathpatti Baluaha, P.S. and District- Saharsa.

4. Sobha Singh @ Subha Singh, w/o Jayant Kumar Singh, R/o VillageDighi, P.S.- Murliganj, District- Madhepura, at present R/o Gautam Nagar, Gangajala, Ward No.15, P.S. and District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 03-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sadar P.S. Case No.808 of 2016 instituted for the offence under Section(s) 341, 323, 504, 384, 379/34 Indian Penal Code. Counsel for the petitioner has submitted that the date of occurrence in the instant case is 11.08.2016 and the First Information Report was lodged on 22.09.2016 i.e. after more than one month. It is counter blast of Saharsa P.S. Case No.683 of 2016 filed by Petitioner No.4, Sobha Singh, against father of the Informant and other persons.

Patna High Court Cr.Misc. No.44927 of 2017 (3) dt.03-11-2017 2/2 In the instant case, there is general and omnibus allegation against the petitioners.

In the facts and circumstances of the case, prayer of 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 Sadar P.S. Case No.808 of 2016, 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, Saharsa, 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.