Shankar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30764 of 2018 Arising Out of PS.Case No. -362 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Shankar Yadav, son of Late Gareeb Yadav
2. Meena Devi @ Mina Devi, wife of Shankar Yadav
3. Renu Devi, wife of Jai Jairam Yadav
4. Murari Kumar Yadav @ Murari Yadav @ Murari Kumar
5. Jep Yadav @ Jopo Yadav Both Nos. 4 and 5 are sons of Shankar Yadav All 1 to 5 are resident of village - Lakrakol, P.S. - Pirpainty, District - Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyam Kishor Das, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Pirpainty P.S. Case No. 362 of 2017 (G.R. No. 6957 of 2017) instituted for the offence under Sections 341, 323, 379, 327, 307, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that it is a case of land dispute. There is general and omnibus allegation against the petitioners.
In the written report there is specific allegation against co-accused Jaijairam Yadav, Rambaran Yadav and Ajeet Yadav of
Patna High Court Cr.Misc. No.30764 of 2018 (3) dt.29-06-2018 2/2 pushing the informant on the ground and pressing the neck with intention to kill her.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Pirpainty P.S. Case No. 362 of 2017 (G.R. No. 6957 of 2017), they shall 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 learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T