Dilip Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49362 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -SIDHWARA District- DARBHANGA ======================================================

1. Dilip Yadav, Son of Ram Sharan Yadav,

2. Munna Yadav, Son of Ram Sharan Yadav, Both are resident of VillageRajo, P.S.- Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Singhwara P.S.Case No.21 of 2018 dated 19.2.2018 , registered for offences punishable under Sections 341, 323, 325, 37,379, 5904, 506/34 of the Indian Penal Code. Allegation against the petitioner no.1 is of assault by lathi to the husband of the informant and the petitioner no.2 is also named in the FIR.

Submission of the learned counsel for the petitioners is that the injuries are simple in nature except one, which is attributed to one Awadh Yadav.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.49362 of 2018 (2) dt.28-08-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, 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 the learned SDJM-V, Darbhanga in connection with Singhwara P.S.Case nO.21 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 will not induce any witness or tamper with the 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 their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T