Indradeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59524 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- KHAIRA District- Jamui ====================================================== 1.
INDRADEO YADAV Son of Late Sitaram Yadav Resident of VillageDarima, P.S.- Khaira, District- Jamui. 2.
Gautam Yadav Son of Late Sitaram Yadav Resident of Village- Darima, P.S.- Khaira, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad, Adv.
:
Mr. Arun Kumar Tiwary, Adv.
:
Mr. Mirtunjay Kumar, Adv.
:
Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners, who are in custody seeks bail in a case registered under Sections 341, 323, 307, 384, 386, 387, 394 of the Indian Penal Code.
Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 67295 of 2018 which was rejected on 18.12.2018 with a direction that petitioner would be enlarged on bail after one year of custody.
Informant has alleged in his written complaint that his wife is Mukhiya of the Panchayat and Indradeo Yadav and
Patna High Court CR. MISC. No.59524 of 2019(4) dt.22-01-2020 2/3 Gautam Yadav (petitioners) are demanding Rs. 1 lac as ransom. It is further alleged that on 09.07.2018 when they were returning after attending feast Indradep Yadav and Gautam Yadav with loaded country made pistol chased them on their motorcycle and assaulted by butt of pistol on the head and other parts of the body and snatched away Rs. 25,000/- from him. It has been submitted on behalf of petitioners that they are in custody since 11.07.2018.
Considering the period of custody and nature of allegation, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with S.T. No. 71/19 arising out of Khaira P.S. Case No. 266 of 2018 subject to the conditions that:-
(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
Patna High Court CR. MISC. No.59524 of 2019(4) dt.22-01-2020 3/3 properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.
(3) If the petitioners tampers 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.
(S. Kumar, J) veena/- U T