Anil Yadav @ Anil Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18432 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -BARHARA District- BHOJPUR ======================================================
1. Anil Yadav @ Anil Kumar Yadav, Son of Butan Yadav,
2. Sunil Yadav @ Sunil Kumar Yadav, Son of Butan Yadav,
3. Angad Rai, So of Satyanand Rai,
4. Mukesh Yadav, Son of Late Yugul Yadav,
5. Upendra Rai @ Upendra Yadav, Son of Pukar Yadav, All are resident of village - Gaura Hajari - Ke - Dera, P.S. Khwaspur, O.P. ( Barhara ), District - Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Barhar (Khwaspur) P.S. Case No. 75 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 353, 427 and 504 of the Indian Penal Code. The allegation against the petitioners and other coaccused persons of assault to the informant. It has been submitted on behalf of the petitioners that allegations are general and omnibus in nature and nothing specific has been attributed to the petitioners and further, there is case and counter case between the parties.
Patna High Court Cr.Misc. No.18432 of 2017 (2) dt.04-05-2017 2/3 Heard learned A.P.P. also.
Having heard both sides and in view of the general and omnibus allegation and there is case and counter case, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Khwaspur) P.S. Case No. 75 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners shall not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.
Patna High Court Cr.Misc. No.18432 of 2017 (2) dt.04-05-2017 3/3 With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) S.Pandey/- U T