Arun Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25787 of 2018 Arising Out of PS.Case No. -132 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Arun Yadav, S/o Tapeshwar Yadav,

2. Manoj Yadav S/o Late Yogi Yadav, Both are R/o Vill.- Belan Hasanpur, P.S.- Hasanpur, Distt.- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Petitioners apprehend their arrest in connection with Hasanpur P.S. Case No. 132 of 2017 registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 337, 353 of the Indian Penal Code and 27 of the Arms Act. Allegation as per FIR is that there was first firing from two sides in which some persons have received injuries and police reached there and apprehended some accused persons, who have disclosed the name of the petitioners. It has been submitted on behalf of the petitioners that in this case as many as thirty one persons have been made accused including the petitioners and no specific allegation of overt acy has been attributed to the petitioners. Moreover, other co-accused having similar allegation has already been granted

Patna High Court Cr.Misc. No.25787 of 2018 (3) dt.18-06-2018 2/3 the privilege of anticipatory bail by this Court vide order dated 02.05.2018 passed in Cr. Misc. No. 24245 of 2018. 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 Additional Chief Judicial Magistrate -III, Rosera at Samastipur, in connection with Hasanpur P.S. Case No. 132 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

Patna High Court Cr.Misc. No.25787 of 2018 (3) dt.18-06-2018 3/3 police and on 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