Sugriv Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 74513 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.
Sugriv Yadav aged 50 years (Male) Son of Sri Mannu Yadav 2.
Manish Kumar aged 23 years (Male) Son of Sugriv Yadav Both resident of Village-Anandpur, Police Station-Rajoun, District-Banka. 3.
Babu Chand Yadav @ Mister Yadav aged 29 years (Male) Son of Sri Kailash Yadav Resident of Village-Sujal Korama, Police Station-Rajoun, District-Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
14-02-2020 Heard learned counsel for the parties.
The petitioners apprehend their arrest in Rajoun P.S. Case No. 239 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. There is case and counter case in between the parties. The wife of petitioner no. 1 namely Babita Devi has also filed a case, vide Rajoun P.S. Case No. 244 of 2019, against the informant and his family members.
It is submitted on behalf of petitioners that due to land dispute, there was free fight between the parties and both sides sustained injury, but none of the injuries, caused to the
Patna High Court CR. MISC. No.74513 of 2019(2) dt.14-02-2020 2/2 informant, has been found to be serious in nature. In fact, no bony fracture has been found on the person of the informant, as per injury report, available at Annexure-2. Petitioners are having no criminal antecedent.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 239 of 2019 on the following conditions:
"(1) Petitioners shall cooperate 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 on their absence on two consecutive dates without sufficient reason, their bail-bonds 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.) anay U T