Badri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62986 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== 1.

BADRI YADAV S/o Late Bhikhari Yadav Resident of Village- Baijalpur, P.S.- Haveli Kharagpur, District- Munger.

2.

Nitish Yadav S/o Badri Yadav Resident of Village- Baijalpur, P.S.- Haveli Kharagpur, District- Munger.

3.

Diwakar Yadav S/o Badri Yadav Resident of Village- Baijalpur, P.S.- Haveli Kharagpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 354, 307, 379, 448, 504 and 506 of the Indian Penal Code, registered in connection with Kharagpur P.S.Case No. 168 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and parties are Gotias. It is submitted that petitioner nos. 2 and 3 were not present at the place of occurrence as they were in Kolkata where

Patna High Court CR. MISC. No.62986 of 2019(2) dt.17-10-2019 2/3 they are employed. In any event all the injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Mahesh Kumar, Addl. Sessions Judge-III, Munger in connection with Kharagpur P.S.Case No. 168 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 shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That 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. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the

Patna High Court CR. MISC. No.62986 of 2019(2) dt.17-10-2019 3/3 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) HR/- U T