Lakhandeo Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43591 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Lakhandeo Yadav, S/o Vijay Yadav
2. Ram Pravesh Yadav, S/o Late Jay Shankar Yadav All R/o Village-Tendua Pokhar, P.S.-Aurangabad (M), District-Aurangabad (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mufassil P.S. Case No. 69 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 325 and 308 of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. The informant himself assaulted the accused persons for which Muffasil P.S. Case No. 68 of 2017 has been lodged in which injury has been sustained by the side of the petitioners. The injury report of those injured has been enclosed as Annexure-3 series. It has further been submitted that other coaccused persons have been granted anticipatory bail by coordinate
Patna High Court Cr.Misc. No.43591 of 2017 (3) dt.03-10-2017 2/3 Benches of this Court vide orders dated 11.08.2017 and 10.08.2017 passed in Cr. Misc. 35410 of 2017 and 32383 of 2017 respectively.
In the instant case, there is allegation against petitioner No. 1 that he assaulted the informant with iron rod on his head and petitioner No. 2 assaulted Rajdeo Yadav with iron pipe. The injury report of both the injured has been enclosed as Annexure-4 series wherein the doctor has found simple injuries on their person.
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 Muffasil P.S. Case No. 69 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 Chief Judicial Magistrate, Aurangabad, 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
Patna High Court Cr.Misc. No.43591 of 2017 (3) dt.03-10-2017 3/3 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) S.Ali/- U T