Jagdish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59453 of 2019 Arising Out of PS. Case No.-284 Year-2016 Thana- KATORIYA District- Banka ====================================================== 1.
JAGDISH YADAV Son of Late Churku Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
2.
Jhagru Yadav Son of Late Churku Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
3.
Jay Ram yadav Son of Late Churku Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
4.
Prakash Yadav Son of Kaleshwar Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
5.
Narayan Yadav Son of Jagdish Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
6.
Fago @ Kango Yadav Son of Jagdish Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
7.
Shree Yadav Son of Shailendra Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
8.
Jhabban yadav Son of Late Baldeo Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
9.
Naresh Yadav Son of Sukhdeo Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
10.
Ampu @ Ampu Kumar Yadav @ Appu Yadav Son of Khiro Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka. 11.
Sukhdeo Yadav Son of Late Munshi Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
12.
Kangress Yadav Son of Sukhdeo Yadav Resident of Village- Hirna, P.S.- Katoria, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Nurul Hoda For the Opposite Party/s :
Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.59453 of 2019(3) dt.20-11-2019 2/3
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 325, 308, 504,506 of the Indian Penal Code registered in connection with Katoria P.S. Case No. 284/2016.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusations are general and omnibus in nature. There is no injury report on record to corroborate the accusation of assault. The petitioners claim clean antecedents.
4. Learned APP invites reference to the injury report in the case diary to submit that Kokan Yadav has sustained grievous injury on the fore arm.
5. Be that as it may and considering that the grievous injury on the non-vital part of the body has not been attributed to the specific assault by any of the petitioners, 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, Banka, in connection with Katoria P.S. Case No. 284/2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the
Patna High Court CR. MISC. No.59453 of 2019(3) dt.20-11-2019 3/3 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