Chhotan Yadav @ Chotan Yadav @ Ajay Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39151 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -DANIYAWA District- PATNA ======================================================

1. CHHOTAN YADAV @ CHOTAN YADAV @ AJAY KUMAR,

2. Mahesh Yadav @ Mahesh Singh @ Mahesh Prasad, both sons of Mangal Yadav,

3. Vinod Yadav @ Vinod Singh, son of late Prabhu Yadav @ Prabhu Dayal Singh,

4. Sanjay Kumar, son of Lala Prasad @ Vidya Bhushan Singh,

5. Mukesh Kumar, son of Satan Yadav @ Satan Singh,

6. Dhiraj Kumar @ Dhiraj Yadav @ Dheera Yadav, son of Rakesh Yadav @ Rakesh Prasad Yadav, all resident of village Nimi, P.S.- Daniawa, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Keshaw Lal Prasad, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP For the Informant : Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Daniawan P.S. Case No.40 of 2018 instituted for the offence under Section(s) 147, 148, 149, 324, 307 Indian Penal Code and Section 27 of the Arms Act.

In the written report, there is specific allegation against co-accused, Mithu Kumar @ Gautam Kumar, of firing from his rifle, which hit in the chest of the Informant causing injury to him.

There is general and omnibus allegation against the

Patna High Court Cr.Misc. No.39151 of 2018 (2) dt.05-07-2018 2/2 petitioners that they also surrounded the informant armed with fire arms.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Daniawan P.S. Case No.40 of 2018, 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 the Judicial Magistrate, 1st class, Patna City, Patna, 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 bonds 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) JA/- U T