Arjun Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71406 of 2018 Arising Out of PS. Case No.-558 Year-2008 Thana- KATIHAR COMPLAINT CASE District- Katihar ======================================================

1. Arjun Yadav S/o Late Tetar Yadav

2. Jichho Yadav S/o Suresh Yadav

3. Pramod Yadav S/o Dhurkheli Yadav

4. Lahera Mandal @ Lahar Mandal S/o Mahendra Mandal.

5. Sanjay Mahaldar @ Duliya S/o Jugan Mahaldar All are Resident of Village-Jarlahi, P.S.-Barari, District-Katihar. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Badri Yadav S/o Gholti Yadav, Resident of Village-Jarlahi, P.S.-Barari, District-Katihat.

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Opposite Party/s :

Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302, 201 and 120B of the Indian Penal Code. Submission is that after investigation of the case, the police submitted final form, not sending up the petitioners for trial. However, on protest petition, cognizance has been taken against the petitioners also. Further submission is that co-

Patna High Court Cr.Misc. No.71406 of 2018(2) dt.18-12-2018 2/2 accused Bhalu @ Raj Kumar Yadav has already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 30.08.2018 passed in Cr. Misc. No. 47688 of 2018. Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with C.A. Case No. 558 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U R