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Patna High CourtCR. MISC./79804/2019bail granted

Rameshwar Yadav v. The State Of Bihar

2019-12-05Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79804 of 2019 Arising Out of PS. Case No.-366 Year-2017 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Rameshwar Yadav Son of Late Deo Narayan Yadav, Resident of Village - Kuad, P.S.- Jaynagar, Distt.- Madhubani 2.

Ram Babu Yadav Son of Rameshwar Yadav, Resident of Village - Kuad, P.S.- Jaynagar, Distt.- Madhubani 3.

Ram Prakash Yadav Son of Rameshwar Yadav, Resident of Village - Kuad, P.S.- Jaynagar, Distt.- Madhubani ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Jaynagar P.S. Case No. 366 of 2017 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 342, 323, 324, 307of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there are general and omnibus allegations against the petitioners.

Patna High Court CR. MISC. No.79804 of 2019(2) dt.05-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of this case, wherein it is the submission of learned counsel for the petitioners that there are general and omnibus allegations against the petitioners and this submission of learned counsel for the petitioners has not been controverted by learned A.P.P. for the State and further that similarly situated co-accused have been granted privilege of anticipatory bail by a learned Coordinate Bench of this Court, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani in connection with Jaynagar P.S. Case No. 366 of 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.79804 of 2019(2) dt.05-12-2019 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Arvind/vats U T