Bihari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39629 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -BABUBARHI District- MADHUBANI ======================================================
1. Bihari Yadav son of Jokhan Yadav
2. Bilakshan Yadav son of Jokhan Yadav
3. Dina Yadav son of Jokhan Yadav
4. Raj Kishore Yadav @ Raj Kishroe Yadav son of Ram Dayal Yadav All r/o Sonamati P.S. Babubarahi District Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar, Adv. For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 The petitioners are apprehending their arrest in connection with Babubarahi P.S. Case No. 171 of 2017, registered for offences punishable under Sections 147, 323, 504 and 379 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant causing injury and there is also allegation of snatching money of the temple.
Submission of learned counsel for the petitioners is that no specific allegation has been attributed against any of the petitioner. It has further submitted that there is land dispute between the parties and the materials collected during course of examination shows that the specific allegation of assault against
Patna High Court Cr.Misc. No.39629 of 2018 (3) dt.09-08-2018 2/3 one co-accused Debu Yadav and it has also been submitted that injuries are simple in nature.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-II, Madhubani, in connection with Babubarahi P.S. Case No. 171 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear
Patna High Court Cr.Misc. No.39629 of 2018 (3) dt.09-08-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T