Haribansh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6202 of 2017 Arising Out of PS.Case No. -70 Year- 2010 Thana -CHANDAN District- BANKA ====================================================== 1.. Haribansh Yadav, Son of Late Chamru Yadav, Resident of villageRampur, Baidya Nathpur, Ward No. 25, P.S. Mohanpur, District- Deoghar (Jharkhand).

2. Lilo Yadav, Son of Sahdeo Yadav, Resident of Village- Digghibari, P.S. Chandan (Anandpur), District- Banka.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha with Mr. Satyaveer Advocates For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Chandan (Anandpur) P.S. Case No. 70 of 2010 registered for the offences punishable under Sections 302, 201 and 379/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that petitioners have not been sent up by police. However, learned Magistrate after taking the findings of the police has taken cognizance only on the basis of suspicion against the petitioners and there is nothing against them.

Heard learned APP also.

Patna High Court Cr.Misc. No.6202 of 2017 (2) dt.16-02-2017 2/2 Having heard both sides and considering the fact that final form has been submitted against the petitioners and learned Magistrate has taken cognizance only on the basis of suspicion against them, let the petitioners, above named, in the event of their arrest/surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Chandan (Anandpur) P.S. No. 70 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to further conditions that petitioners shall co-operate in the investigation and make themselves available before police, as and when required, and in the event of failure on their part to appear before the police, prosecution shall be at liberty to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) spal/- U