Chulho Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29532 of 2018 Arising Out of PS.Case No. -424 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================
1. Chulho Yadav, S/o Late Sipahi Yadav,
2. Bittu Yadav,
3. Rinkaj Kumar, Both are sons of Chulho Yadav, All are resident of Village- Barhara P.S. Gogri, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishweshwar Ram, Advocate. For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Gogri P.S. Case No. 424 of 2017, G.R. No. 2851 of 2017 instituted for the offence under Sections 447, 427 and 384/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the instant case has been filed on account of land dispute. There is general and omnibus allegation against the petitioners and other accused persons that they were cutting crop from the land of the informant. The informant raised objection, then they made firing and threatened to kill him.
It is mentioned in paragraph-3 of the bail petition that petitioners have clean antecedent.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.29532 of 2018 (3) dt.28-06-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Gogri P.S. Case No. 424 of 2017, G.R. No. 2851 of 2017, 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 learned Chief Judicial Magistrate, Khagaria, 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 bond 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) S.Ali/- Rohit Kr.
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