Raj Kishore Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45904 of 2017 Arising Out of PS.Case No. -694 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Raj Kishore Yadav, S/o Lagina Yadav

2. Lagina Yadav, S/o Late Kesho Yadav Both resident of Village- Mathar, P.S.- Mufassil, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Khagaria P.S. Case No. 694 of 2015 instituted for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. It is alleged in the written report that petitioners along with other co-accused persons armed with lathi, danda and rod came and assaulted the informant. They also abused the informant. It has been submitted that there is case and counter case between the parties.

From the written report it appears that there is general and omnibus allegation against these petitioners. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.45904 of 2017 (3) dt.18-10-2017 2/2 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 Khagaria P.S. Case No. 694 of 2015, 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.