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Patna High CourtCR. MISC./32829/2017bail granted

Chamru Yadav And ORS v. The State Of Bihar

2017-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32829 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Chamru Yadav

2. Tughru Yadav Both sons of Late Ghuran Yadav

3. Gulab Yadav, son of Shri Tughru Yadav All residents of village - Sahsi, P.S. - Alauli, District - Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Alauli P.S. Case No. 96 of 2017, G.R. No. 916 of 2017 instituted for the offence under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that petitioners assaulted the informant and his family members when she raised objection from making construction over the land.

Learned counsel for the petitioners has submitted that the instant case has been filed by the informant to save her skin from Alauli P.S. Case No. 95 of 2017 lodged by petitioner No. 3

Patna High Court Cr.Misc. No.32829 of 2017 (2) dt.18-07-2017 2/2 Gulab Yadav against the husband of the informant and others. 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 Alauli P.S. Case No. 96 of 2017, G.R. No. 916 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, Khagaria, 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 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