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Patna High CourtCR. MISC./77044/2019bail granted

Jhabru Yadav v. The State Of Bihar

2020-02-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77044 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- RUPAULI District- Purnia ====================================================== 1.

Jhabru Yadav Son of Jay Mandal Yadav 2.

Ashok Yadav Son of Jay Mangal Yadav 3.

Pappu Yadav Son of Jay Mangal Yadav 4.

Kunkun Yadav Son of Jay Mangal Yadav All are residents of Village-Mainma, P.S.-Rupauli, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 149, 341, 323, 379, 427, 307 and 504 of the Indian Penal Code. The prosecution case, in brief, is that on 24.06.2019 at about 02:00PM, all the all the FIR named accused persons including these petitioners and 10 to 15 unknown persons armed with lathi and danda assaulted the wife and father of the informant.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case. It has further been submitted that there is land dispute between the

Patna High Court CR. MISC. No.77044 of 2019(2) dt.14-02-2020 2/2 parties and allegation against the petitioners is general and omnibus in nature. It has further been submitted that the injuries found is simple in nature. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on 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 Class, Purnea in connection with Rupauli P.S. Case No. 73 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T