Bijadhar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10507 of 2018 Arising Out of P.S.Case No. -512 Year- 2017 Thana -MANIHARI District- KATIHAR ======================================================
1. Bijadhar Yadav, S/o Late Rameshwar Yadav,
2. Yogesh Yadav S/o Bijadhar Yadav,
3. Subodh Yadav S/o Bijadhar Yadv, All are R/o Village- Mirjapur Badhar, P.S.- Manihari, District- Katihar.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard.
The petitioners apprehend arrest in connection with Manihari P.S.Case No.512 of 2017 registered for an offence under Sections 341, 323, 324, 307 and 34 of the IPC and Section 27 of the Arms Act.
It has been submitted that petitioners and informant are agnate and on the date of occurrence, the informant and his men forcibly started ploughing his land for which occurrence of assault took place. The allegation of assault is omnibus against five persons. The allegation of assault by axe is against co-accused Promod Yadav who is not petitioner before this Court. The learned APP opposed the submissions.
Patna High Court Cr.Misc. No.10507 of 2018 (2) dt.27-02-2018 2/2 Considering the omnibus allegation of assault against the petitioners facts and circumstances of the case, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Katihar in connection with Manihari P.S.Case No.512 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T