Fato Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39095 of 2018 Arising Out of PS. Case No.-761 Year-2017 Thana- COMPLAINT CASE District- Jamui ======================================================
1. Fato Yadav,
2. Roshan Yadav,
3. Sardar Yadav,
4. Nem Chand Yadav, All sons of Late Tiko Yadav, All resident of Village- Bagha Kebal, P.S.- Sono, (Charka Patthar), DistrictJamui. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kokil Yadav, Son of Late Ghanshyam Yadav, Resident of Village- Bagha Kebal, P.S.- Sono (Charka Patthar), District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bharat Lal For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in complaint case no. 761 c of 2017 instituted for the offence under Section(s) 323, 420, 467, 120B and 504 of the Indian Penal Code. It is submitted that complainant has executed the sale deed after taking due consideration money in favour of petitioner no.1. The complainant has lodged the instant case making allegation that accused persons took complainant to the Block
Patna High Court Cr.Misc. No.39095 of 2018(2) dt.04-07-2018 2/3 on the pretext to get him old age pension but got executed sale deed.
A xerox copy of the sale deed has been enclosed as Annexure-2 which shows that the complainant himself has executed the sale deed in favour of petitioner no.1 after taking consideration money. The sale deed bears the photograph and signature of the complainant.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with complaint case no. 761( c) 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 the ACJM Ist Jamui, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the
Patna High Court Cr.Misc. No.39095 of 2018(2) dt.04-07-2018 3/3 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) shyambihari/- U T