Ram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59054 of 2019 Arising Out of PS. Case No.-397 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

RAM KUMAR YADAV Son of Late Bhubneshwari Yadav @ Bhumi Yadav Resident of Village - Palasi, P.S.- Narpatganj, Dist.- Araria. 2.

Sanjay Yadav Son of Late Mahadeo yadav Resident of Village - Palasi, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 353, 307, 188, 283, 290, 435, 379, 511 of the Indian Penal Code registered in connection with Narpatganj P.S. Case No. 397 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against 40 named and about 160 unknown persons. No specific overt act has been alleged against the petitioners. Similarly situated co-ccused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 3981 of 2019. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Araria, in connection with Narpatganj P.S. Case No. 397 of

Patna High Court CR. MISC. No.59054 of 2019(2) dt.18-09-2019 2/2 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T