Ganga Prasad Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42009 of 2018 Arising Out of PS.C.ase No. -104 Year- 2017 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Ganga Prasad Yadav, S/o Ram Kisun Yadav,

2. Bachcha Babu Yadav @ Bachha Babu Yadaw S/o Ganga Prasad Yadav, Both R/o Vill.- Ganga Rahi, P.S.- Hathori Shivajee Nagar, O.P.- DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Hathori P.S. Case No. 104/2017, instituted for the offences punishable under Sections 323, 324, 34, 341, 354B, 379, 447, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is no injury to the informant. The case has been lodged on account of land dispute, which is apparent from the written report itself. The petitioners have clean antecedents. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.42009 of 2018 (2) dt.23-07-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Hathori P.S. Case No. 104/2017, 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 learned 2nd Additional Chief Judicial Magistrate, Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the 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 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.) Rakhi U T