Janaradhan Prasad Yadav @ Janardan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59718 of 2019 Arising Out of PS. Case No.-23 Year-2012 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

JANARADHAN PRASAD YADAV @ JANARDAN PRASAD YADAV Son of Late Binda Prasad Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran.

2.

Lalbabu Rai Son of Late Uchit Rai Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran.

3.

Subodh Rai Son of Lalbabu Rai Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran.

4.

Ranjit Rai Son of Bishwanath Rai @ Bishwanath Prasad Yadav Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran. 5.

Ramakant Rai Son of Late Sarabjit Rai Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran.

6.

Gagandeo Rai Son of Late Anup Rai Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran.

7.

Suresh Rai Son of Late Harihar Rai Resident of Village - Banjari, P.S.- Chhauradano, Dist.- East Champaran.

8.

Chhotelal Sahni Son of Late Laxman Sahni Resident of Village - Hiramani, P.S.- Chhauradano, Dist.- East Champaran.

9.

Bhikhari Sah Son of Late Baijnath Sah Resident of Village - Hiramani, P.S.- Chhauradano, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umakant Shukla For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-09-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Chhauradano P.S.Case No.23 of 2012 , registered for offences punishable under Sections 302, 120B of the Indian

Patna High Court CR. MISC. No.59718 of 2019(2) dt.23-09-2019 2/3 2019 Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that they have taken the deceased and thereafter the dead-body of the deceased was found.

Submission of the learned counsel for the petitioners is that after the full investigation, final form has been submitted against the petitioners but on production, the cognizance has been taken against them. It has also been submitted that as final form has been submitted, there is no chance of tampering with the evidence .

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that they have criminal antecedent also and they have called the deceased. .

Having heard both sides and in view of the facts and circumstances, let the petitioners, above named, surrender before the learned court below within a period of two weeks from the date of receipt of the order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Raxaul at Motihari in connection with Chhauradano P.S.Case No.23 of

Patna High Court CR. MISC. No.59718 of 2019(2) dt.23-09-2019 3/3 2019 2012 arising out of G.R.Case No.219 of 2012, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that they will cooperate in disposal of the trial. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T