Mantu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70602 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- AMAS District- Gaya ======================================================
1. Mantu Yadav S/o Chhatri Yadav
2. Uday Yadav, S/o Babu Ram Yadav
3. Kishori Yadav, S/o Makhu Yadav, All residents of Village- Jhari Tola Kusha, P.S.- Amas, District- Gaya. ... ... Petitioners
Versus
The State Of Bihar ... ... Respondent ====================================================== Appearance :
For the Petitioners :
Mr. Dhirendra Kumar Sinha, Advocate.
For the Respondent :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323, 504, 506, 308, 379 of the Indian Penal Code registered in connection with Amas P.S. Case No. 207 of 2018.
3. It is submitted that the petitioners have been falsely implicated and there is two days delay in instituting the F.I.R. on 29.08.2018 for the alleged occurrence of 27.08.2018. The accusation of assault and snatching is general and omnibus and it is not specific as to which of the petitioners committed which of the acts. No recovery of any incriminating articles has been made from the petitioners nor there is any injury report to support the accusation of knife blow.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six
Patna High Court Cr.Misc. No.70602 of 2018(3) dt.15-01-2019 2/2 weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Sherghati, Gaya, in connection with Amas P.S. Case No. 207 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar/- U T