Devanand Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15107 of 2018 Arising Out of PS.Case No. -429 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================
1. Devanand Yadav, S/o Ramawatar Yadav,
2. Pawan Yadav, S/o Bisundeo Yadav,
3. Ramjatan Yadav @ Ram Yatan Yadav, S/o Lalchu Yadav,
4. Ranjeet Yadav @ Gorakha, S/o Ramashish Yadav, All are resident of Village- Bariyahi, P.S.- Barauni (Chakia O.P.), DistrictBegusarai. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Barauni P.S. Case No. 429 of 2015 instituted for the offence under Sections 144, 149, 152, 153, 290 and 353 of the Indian Penal Code. In the written report it is alleged that people, at large, were protesting against murder of someone and they had blocked movement of traffic on National Highway-31.
Learned counsel for the petitioner has submitted that petitioner is alleged to be member of unlawful assembly. The other co-accused persons with similar allegation have already
Patna High Court Cr.Misc. No.15107 of 2018 (3) dt.24-04-2018 2/2 been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.08.2016 passed in Cr. Misc. 32247 of 2016. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Barauni P.S. Case No. 429 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438 (2) 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 date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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. (Sanjay Priya, J) S.