Sudhir Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22437 of 2018 Arising Out of PS.Case No. -286 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Sudhir Yadav, Son of Late Bijendra Yadav @ Bijo Yadav, Resident of Village Pakilpur, P.S.- Bihariganj, Dist.- Mahepura.

2. Abhinandan Yadav @ Mushahru, Son of Late Sunder Yadav, Resident of Village Pakilpar, P.S.- Bihariganj, Dist.- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Manoj Kumar- 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 22.11.2017 in connection with Bihariganj P.S. Case No.286 of 2017 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the names of the present petitioners along with 15 persons in all have been taken at the behest of the local Mukhiya, who is inimical towards the present petitioners. It is further submitted that there is no specific allegation against the present petitioners and all allegations are general and omnibus in nature. Considering the aforementioned facts and circumstances and the nature of allegations made, let the

Patna High Court Cr.Misc. No.22437 of 2018 (3) dt.11-05-2018 2/2 petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No.286 of 2017, subject to the following conditions:

(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of their failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.

(4) 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. (Anjana Mishra, J) PNM U T