Chhabila Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40941 of 2018 Arising Out of PS.Case No. -223 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================
1. Chhabila Yadav,
2. Amar Yadav @ Amar Kumar Yadav. Both son of Late Ramautar Yadav @ Ramotar Yadav.
3. Guddu Yadav,
4. Laddu Yadav @ Lalan Yadav. Both Son of Anandi Yadav, All resident of Village- Nishihara, Police Station- Haweli Kharagpur, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kharagpur Police Station Case No. 223 of 2017, disclosing offences under Sections 147, 149, 341, 323, 308, 379, 504 of the Indian Penal Code.
Allegation against the petitioner nos 1 and 2 of assault to the nephew of the informant by means of lathi on his head and petitioner nos. 3 and 4 are also named in the F.I.R Learned Counsel for the petitioners has submitted that they have falsely been made accused in this case in the
Patna High Court Cr.Misc. No.40941 of 2018 (2) dt.16-07-2018 2/3 background of land dispute and further there is case and counter case between the parties and injuries caused to the nephew of the informant has been found to be simple in nature. Having heard both sides, considering the facts and circumstances of the case and also the statement of the son of informant recorded under Section 164 Cr.P.C., let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate- IV, Munger, in connection with Kharagpur Police Station Case No. 223 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., 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 court concerned.
II.
The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before
Patna High Court Cr.Misc. No.40941 of 2018 (2) dt.16-07-2018 3/3 the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T