Kishori Prasad Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67104 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- CHIRAIYA District- East Champaran ======================================================
1. Kishori Prasad Yadav S/o Hazari rai
2. Amit Kumar S/o Kailash Prasad Yadav Both R/o Vill Parei P.S. Shikarganj Dist E.Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2 For the Opposite Party/s :
Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 Heard the parties.
The petitioners seek regular bail in connection with Chiraiya (Shikarganj) P.S.Case No.122 of 2018 registered for offences punishable under Sections 147, 149, 323, 341, 325, 307, 379, 506 of the Indian Penal Code.
Allegation against the co-accused Navin Kumar and Praveen Kumar is of demand of rangdari from the informant and also of assaulting the informant. Further allegation is that when family members of the informant appeared, the petitioners and 17 other accused persons assaulted him and others.
Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the
Patna High Court Cr.Misc. No.67104 of 2018(2) dt.27-11-2018 2/3 petitioners. There is case and counter case between the parties and the petitioner is in custody for more than three months. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners above named, be enlarged 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 the learned ACJM, Sikarahana at Dhaka. E.Champaran Motihari in connection with Chiraiya (Shikarganj) P.S.Case No.122 of 2018.. With following conditions :
(i) One of the bailors of the petitioner sshall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
Patna High Court Cr.Misc. No.67104 of 2018(2) dt.27-11-2018 3/3 With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T