Chotan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67355 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- SIKANDRA DistrictJamui ====================================================== 1.

CHOTAN YADAV Son of Karu Yadav Resident of Village - Dharsanda, P.S. - Sikandra, Dist.- Jamui 2.

Vijay Yadav Son of Late Shital Yadav Resident of Village - Dharsanda, P.S. - Sikandra, Dist.- Jamui ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Manoj Kumar, Advocate.

For the Opposite Party:

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-11-2019 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, 149, 342, 353, 504, 506 of the Indian Penal Code registered in connection with Sikandra P.S. Case No. 54 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. has been lodged against as many as 4 named including the petitioners and 30-40 unknown persons. The accusations of assault are general and omnibus in nature and in any event statement is made at the Bar that no injury has been caused to anyone. The petitioners are said to have protested the death of one Govardhan Yadav and were demanding that the District Magistrate and Superintendent of Police be called. None of the following members of the deceased has filed any F.I.R. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.67355 of 2019(2) dt.07-11-2019 2/2

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 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 Judicial Magistrate 1st Class, Jamui in connection with Sikandra P.S. Case No. 54 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 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