Sujeet Yadav @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63918 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Sujeet Yadav @ Sujeet Kumar Son of Dashrath Yadav Resident of VillageGangati, P.S.- Town, District- Aurangabad. 2.

Dashrath Yadav Son of Kuldeep Yadav Resident of Village- Gangati, P.S.- Town, District- Aurangabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Aurangabad Town PS Case No. 130 of 2019 registered under Sections 147, 148, 149, 341, 323, 386, 427, 448, 504 and 506 IPC.

The petitioner no. 1 and his father are accused of creating ruckus in the house of the informant. There is allegation that they formed an illegal assembly with other persons; have assaulted and fired upon the informant and taken away some articles. Counsel for the petitioners submits that from perusal of para 4 of the case diary it is apparent that actually cartridges were recovered from the possession of the informant. The informant happens to be a man of criminal antecedent and in fact Police have instituted Aurangabad PS Case No. 129 of 2019 in respect of the same occurrence against the informant.

Learned APP has opposed the prayer.

Considering the aforesaid submissions as also the facts

Patna High Court CR. MISC. No.63918 of 2019(3) dt.05-03-2020 2/2 and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed.

In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Aurangabad in Aurangabad Town PS Case No. 130 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T