Shivnandan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14997 of 2018 Arising Out of PS.Case No. -148 Year- 2017 Thana -MAHKAR District- GAYA ======================================================
1. Shivnandan Yadav, S/o Lakhan Yadav,
2. Lakhan Yadav, S/o Late Chaman Yadav,
3. Pappu Yadav S/o Surendra Yadav, All are R/o Village- Jharha, P.S.- Mahkar, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2018 The petitioners are apprehending their arrest in connection with Mahkar P.S. Case No. 148 of 2017, registered for offences punishable under Sections 341, 323, 325, 307, 504/34 and later on Section 302/34 of the Indian Penal Code has been added.
Allegation against the petitioners and others is of assault to the informant, his brother, his sister in law and further allegation that they assaulted on the head of father of the informant, who died during course of his treatment. It has been submitted on behalf of the petitioners that F.I.R. itself shows that the allegation of assault on the deceased is against other co-accused of this case and not against these
Patna High Court Cr.Misc. No.14997 of 2018 (3) dt.20-04-2018 2/3 petitioner and though there is allegation against the petitioners is of assault to other persons, however, injuries sustained by them found to be simple in nature.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Mahkar P.S. Case No. 148 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.14997 of 2018 (3) dt.20-04-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T