Mantu Yadav @ Mantu Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48960 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -DHARHARA District- MUNGER ======================================================

1. Mantu Yadav @ Mantu Kumar Yadav, son of Sita Ram Yadav,

2. Guddu Yadav, son of Ramji Yadav, both are resident of village/ muhalla- Aaura Bagicha, Police Station- Dharhara, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Dharhara P.S. Case No.61 of 2018 instituted for the offence under Section(s) 307/34 Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that on the date of occurrence while the informant was returning back to his house by vehicle and reached near Chaiti Durga Asthan, the petitioners along with other accused arrived armed with weapon and started indiscriminate firing, which hit the glass of vehicle. From the written report, it appears that there is general and omnibus allegation against the petitioners. It further appears that no injury has been caused to the informant. Counsel for the petitioners has further submitted that other co-accused with similar allegation has already been granted anticipatory bail by coordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.48960 of 2018 (2) dt.29-08-2018 2/2 dated 11.07.2018 passed in Cr. Misc. No.39693 of 2018. 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 Dharhara P.S. Case No.61 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 Additional Chief Judicial Magistrate 1st, Munger, 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/- Rohit Kr.

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