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Patna High CourtCR. MISC./46977/2017bail granted

Ramdeo Yadav And ORS v. The State Of Bihar

2017-10-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46977 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -CHANDAUTI District- GAYA ======================================================

1. Ramdeo Yadav Son of Late Ramdhari Yadav

2. Paras Nath Raut Son of Ramdeo Raut

3. Sanjay Kumar @ Sanjay Raut Son of Sadhan Raut

4. Jogendra Raut @ Jogi Raut Son of Late Nathun Raut

5. Awadhesh Raut @ Awadhesh Kumar Son of Kishandeo Raut All are residents of Village - Shahwazpur, P.S. - Chandauti, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== 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 Chandauti P.S. Case No. 167 of 2016 instituted for the offence under Sections-307, 153A, 379 & other minor Sections of the Indian Penal Code. It has been submitted on behalf of the petitioners that other co-accused of this case have been granted anticipatory bail by this court vide order dated 09-08-2017 passed in Cr. Misc. No. 30524 of 2017. As per written report, an altercation has taken place on account of bringing the bricks for construction of mosque. From the written report, it appears that there is general and omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.46977 of 2017 (2) dt.13-10-2017 2/2 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 Chandauti P.S. Case No. 167 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Gaya 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