Gohal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84599 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== 1.

Gohal Yadav Son of Narayan Yadav 2.

Satto Yadav Son of Saryug Yadav 3.

Rabish Yadav Son of Satto Yadav All Resident of Village - Paras, P.S.- Morkahi (Amausi O.P.), District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Morkahi P.S. Case no. 64/2019 registered under sections 307 and other allied section of the IPC and various sections of the Arms Act. It is submitted that there is subsisting land dispute between the parties. One of the co-accused Ambu Yadav lodged F.I.R of Morkahi P.S. Case no. 63/2019. It is in retaliation to the said case, informant has implicated the petitioners in the instant case. There is only general and omnibus allegation against 16 named FIR accused persons including petitioners which are false and motivated. Specific allegation is against co-accused Amit Yadav and Lalan Yadav.

Patna High Court CR. MISC. No.84599 of 2019(2) dt.19-12-2019 2/2 Petitioners are having no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Morkahi P.S. Case no. 64/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T