Prakash Yadav @ Om Prakash Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27707 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -NARDIGANJ District- NAWADA ======================================================
1. Prakash Yadav @ Om Prakash Yadav, S/o Late Baldeo Yadav,
2. Ratan Yadav S/o Late Baldeo Yadav,
3. Arun Yadav S/o Prakash Yadav @ Om Prakash Yadav,
4. Mukesh Yadav S/o Ratan Yadav, All R/o Vill.- Masaurha, P.S.- Nardlganj, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 The petitioners are apprehending their arrest in connection with Nardiganj P.S. Case No. 28 of 2018, registered for the offences punishable under Sections 341, 323, 307, 506/34 of the Indian Penal Code.
Allegation against the petitioner no. 1 is of assaulting the brothr of informant by cricket bat on his head and petitioner nos. 2 and 3 assaulted the informant and his brother. It has been submitted on behalf of the petitioners that they are in habit of lodging false cases as earlier also they have lodged the case when the land was purchased by the petitioners and also when the construction of the house was going on and now the present case and though there is allegation of assault, however
Patna High Court Cr.Misc. No.27707 of 2018 (2) dt.11-05-2018 2/3 all the injuries were found to be simple in nature except one that has been caused on the thumb of one of the injured. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Nawada, in connection with Nardiganj P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear
Patna High Court Cr.Misc. No.27707 of 2018 (2) dt.11-05-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T