Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62525 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- JHAJHA District- Jamui ====================================================== 1.

UMESH YADAV Son of Debu Yadav Resident of Village - Borwa, P.S.- Jhajha, Distt - Jamui.

2.

Bhim Yadav Son of Umesh Yadav Resident of Village - Borwa, P.S.- Jhajha, Distt - Jamui.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Pramod Kumar, Advocate.

For the Opposite Party:

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 384, 385, 506/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Jhajha P.S. Case No. 64 of 2019.

3. It is submitted that the petitioners have been falsely implicated on the accusation of extortion by the petitioners who happen to be father and son is highly improbable. The petitioners and the informant are co-villagers. No injury has been caused to anyone which creates doubt about the accusation of firing by the petitioner no. 2. The accusation of snatching Rs. 10,000/- on the pocket of the informant by the petitioner no. 1 is mere embellishment.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.62525 of 2019(2) dt.14-10-2019 2/2 petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 64 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate 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. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T