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Patna High CourtCR. MISC./48118/2018bail granted

Ravi Ranjan Yadav And ORS v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48118 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Ravi Ranjan Yadav son of Sanjay Yadav

2. Sanjay Yadav son of Rajpati Yadav

3. Gudal Kumar son of Arvind Kumar

4. Jaivind Yadav son of Rajpati Yadav All are residents of village Singhi Bujurg, P.S. Rafiganj, District Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Earlier the prayer for bail of the petitioner no.4 (Jaivind Yadav) has already been withdrawn by order dated 28.8.2018. Heard the parties.

The petitioners are apprehending their arrest in connection with Rafiganj P.S.Case No.73 of 2018 , registered for offences punishable under Sections 147, 341, 323, 325, 307, 448, 504, 379 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and others and specific allegation against the petitioner no.1 is of assault by Talwar causing injury.

Submission of the learned counsel for the petitioners is that though there is allegation of assault by Talwar but the lacerated

Patna High Court Cr.Misc. No.48118 of 2018 (4) dt.05-09-2018 2/2 wound was found and there is case and counter case between the parties.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioner nos. 1, Ravi Ranjan Yadav, 2. Sanjay Yadav, and 3. Gudal Kumar in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Aurangabad in connection with Rafiganj P.S.Case No.73 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T