Chandeshwar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19115 of 2018 Arising Out of PS. Case No.-239 Year-2017 Thana- THAKRAHA District- West Champaran ======================================================
1. Chandeshwar Yadav
2. Laila Yadav, Both s/o Vishambhar Yadav
3. Surendra Yadav, s/o Bannu Yadav, All residents of village Harakh Tola, P.S. - Thakaraha, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam Kumar Yadav For the Opposite Party/s :
Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Thakraha P.S. Case No. 239 of 2017, instituted for the offence under Sections 147, 148, 149, 323, 324,307, 427,504 of the IPC. Learned counsel for the petitioners has submitted that the instant case has been filed by the informant against the petitioners only to save his skin from Thakraha P.S. Case No. 235 of 2017 which was lodged by the brother of petitioner no. 3 against the informant and others in which Chhotelal Yadav, who was own brother of the petitioners, have been murdered by the informant and others.
Patna High Court Cr.Misc. No.19115 of 2018(3) dt.27-04-2018 2/2 In the written report, there is general and omnibus allegation against all these petitioners.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Thakraha P.S. Case No. 239 of 2017, to the satisfaction of the learned ACJM, Bagaha, West Champaran, subject to condition as laid down u/S 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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.