Dani Lal Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15969 of 2018 Arising Out of PS.Case No. -201 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================
1. Dani Lal Yadav, son of Bangatu Yadav,
2. Guneshwar Yadav, Son of Bangatu Yadav,
3. Ranjan Yadav @ Ranjan Kumar, Son of Dani Yadav,
4. Dilip Yadav, Son of Late Maheshwar Yadav,
5. Pramod Yadav @ Prabodh Yadav, Son of Late Maheshwar Yadav, All R/o Village Pilakhwar P.S. Rajnagar, Distt. Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Rajnagar Police Station Case No. 201 of 2017, disclosing offences under Sections 147, 148, 341, 323, 324, 307, 379 and 427 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant and his family members causing injuries to them. Learned Counsel for the petitioner has submitted that there is case and counter case between the parties and persons from the side of petitioners have also received injuries
Patna High Court Cr.Misc. No.15969 of 2018 (3) dt.03-05-2018 2/3 and further nothing has been mentioned in the case diary with regard to injury.
Learned counsel for the State opposed the prayer for bail on the ground that petitioner no. 1 has assaulted the informant on his head by Farsa.
Having heard both sides, considering the fact that there is direct allegation against the petitioner no. 1, namely, Dani Lal Yadav of assaulting the informant by means of farsa on his head, I am not inclined to grant him the privilege of anticipatory bail rather he may surrender before the court below and pray for regular bail, which will be considered on the basis of materials available on record.
So far other petitioners i.e petitioner nos. 2 to 5 are concerned, considering the facts and circumstances of the case., they, in the event of their arrest or surrender before the Court below within six weeks, are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class Madhubani/concerned court, in connection with Rajnagar Police Station Case No. 201 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition
Patna High Court Cr.Misc. No.15969 of 2018 (3) dt.03-05-2018 3/3 that:- I.
One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.
II.
The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.
With the above observation, this application is disposed of . (Vinod Kumar Sinha, J) sunil/- U T