Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72341 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== 1.

MAHENDRA YADAV Son of Late Ramjot Yadav Resident of Village - Usmanpur, P.S.- Kharik, District- Bhagalpur 2.

Laddu Yadav Son of Late Ramjot Yadav Resident of Village - Usmanpur, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of kharik P.S. Case N0. 150 of 2018, disclosing offences under Sections 341,323,308,354A,379,504,506/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners has submitted that the police upon completion of investigation have submitted final form under Section 173 of the Code of Criminal Procedure against these petitioners for the offences punishable under Sections 341,323,504, 506, 308/34 of the Indian Penal Code. He contends that the allegation constituting of an offence under Section 354B of the Indian Penal Code has not been found to be correct by the police. He has submitted that

Patna High Court CR. MISC. No.72341 of 2019(2) dt.27-11-2019 2/3 they were noticed by the police under Section 41A of the Cr.P.C, whereafter they had appeared before the police for investigation. Since the police have submitted charge-sheet against these petitioners, filing of the present application seeking anticipatory bail has been necessitated. He contends that since the investigation is complete, no tangible purpose would be served if they are taken into custody as they are ready to present themselves before the Court as and when required. Considering the above submission, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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 Judicial Magistrate, First Class, Naugachia (Bhagalpur) in Kharik P.S. Case No. 150 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

Patna High Court CR. MISC. No.72341 of 2019(2) dt.27-11-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U