Foto Yadav @ Radhe Krishna Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17266 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================
1. Foto Yadav @ Radhe Krishna Yadav, son of late Anandi Yadav
2. Rajendra Yadav, son of late Dhaneshwar Yadav
3. Dinesh Yadav, son of late Bechan Yadav Sl. No. 1 rto 3 are resident of village Sharsava, P.S. Choutham, Distt. Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anjum Perveen, Advocate. For the Opposite Party/s : Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Mansi P.S. Case No. 228 of 2017, G.R. No. 2812 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioners have been implicated in this case due to local politics since petitioner No. 1 is Mukhiya of Gram Panchayat Raj Sarsava and other petitioners are followers of petitioner No.1. The petitioner No. 1 has won the election after defeating the informant In the written report it is alleged that on the date of occurrence while the informant was coming on the motorcycle
Patna High Court Cr.Misc. No.17266 of 2018 (3) dt.25-04-2018 2/3 along with his wife, petitioners who were on Scarpio vehicle stopped the informant and dragged him towards the Scarpio, and on refusal, they assaulted the informant causing injury on his head.
The Sessions Judge has mentioned in the impugned order that all the injuries found on the person of the injured were simple in nature except injuries No. 3 and 8 which have been kept reserved till X-ray report.
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 Mansi P.S. Case No. 228 of 2017, G.R. No. 2812 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, Khagaria, 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
Patna High Court Cr.Misc. No.17266 of 2018 (3) dt.25-04-2018 3/3 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