Bachchu Yadav @ Bachu Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3155 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -NARDIGANJ District- NAWADA ======================================================

1. Bachchu Yadav @ Bachu Mahto, S/o Kewal Yadav,

2. Upendra Yadav, S/o Bachchu Yadav,

3. Dharmendra Yadav @ Dharo Yadav, S/o Bachchu Yadav,

4. Lallu Yadav @ Lalu Yadav, S/o Upendra Yadav, All R/o village- Babhanauli, P.S.- Nardiganj, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Nardiganj P.S. Case No. 95 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that in the written report there is general and omnibus allegation against these petitioners. There is specific allegation against coaccused Chhotelal Yadav of assaulting the informant on his head and allegation against co-accused Kundan Kumar is of assaulting the informant and his wife by means of lathi and snatching golden

Patna High Court Cr.Misc. No.3155 of 2018 (2) dt.23-01-2018 2/2 chain from her neck. He also tried to outrage modesty of the wife of the informant.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nardiganj P.S. Case No. 95 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Nawada, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T