Bullu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44610 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Bullu Yadav Son of Vanshi Yadav

2. Bablu Yadav Son of Kashi Yadav

3. Kashi Yadav Son of Late Vanshi Yadav All are residents of Village Lakhamanpur, P.S. Chanpur, District - Kaimur (Bhabhua) ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

M/s Saroj Kumar Sharma and Kiran Kumari Sharma, Advs.

For the Opposite Party :

Mr. Dr. Rabindra Kumar, APP 206 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Chainpur P.S. Case No. 115 of 2018 registered for offences punishable under Sections 341, 323, 308 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is of surrounding the informant and other accused persons fired and some other assaulted the informant by farsa.

Submission of the learned counsel for the petitioners is that no specific overt act against them rather they have surrounded the informant and the injuries are simple in nature. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, named above, in the event of arrest or surrender before the Court below, within

Patna High Court Cr.Misc. No.44610 of 2018(2) dt.30-07-2018 2/2 a period of six weeks from the date of order, be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Chainpur P.S. Case No. 115 of 2018 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of each of the petitioners shall 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 evidence.

(III) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his/their bail bond(s). With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T