Arun Yadav @ Arun Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13204 of 2018 Arising Out of PS.Case No. -225 Year- 2017 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Arun Yadav @ Arun Kumar Yadav,

2. Sunil Yadav Both S/o Sri Ramkishun Yadav, R/o Village- Raghuniya, P.S.- Kumarkhand, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kumarkhand P.S.Case No.225 of 2017, registered for offences punishable under Sections 341, 323, 325, 354(B), 379, 380, 307, 427, 504 and 506/34 of the Indian Penal Code. Allegation against the petitioner no.1 is of firing but it did not hit anyone, allegation against petitioner no.2 is of assault by Lathi on the elbow of the mother of the informant. Submission of the learned counsel for the petitioners is that so far allegation against petitioner no.1 is concerned the FIR itself shows that it did not hit anyone and so far petitioner no.2 is concerned, he assaulted by lathi on the mother of the informant. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.13204 of 2018 (2) dt.04-04-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, 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 S.D.J.M., Madhepura in connection with Kumarkhand P.S.Case no.225 of 2017, 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