Kundan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48093 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- JAMUI District- Jamui ======================================================
1. Kundan Yadav, son of Gobardhan Yadav, resident of VillageMachhiyayen, P.S. & District- Jamui.
2. Arbind Yadav son of Late Bishun Yadav resident of Eklavya College P.S. & District- Jamui.
3. Gorelal Paswan son of Late Shankar Paswan resident of Eklavya College P.S. & District- Jamui.
4. Nitish Kumar son of Rajendra Prasad, resident of Purani Bazar, P.S. & District- Jamui.
5. Vikki Ram son of Late Shankar Ram, resident of Tea Stall, P.S. & District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 None appears on behalf of the petitioners. Heard learned APP for the State.
Petitioners apprehend their arrest in Jamui P.S. case no. 163 of 2018 instituted for the offence under Section(s) 147,148,149, 153(A), 333, 307, 337, 353, 152 and 120B of the Indian Penal Code.
In the written report, it is alleged that during procession
Patna High Court Cr.Misc. No.48093 of 2018(2) dt.25-08-2018 2/3 of immersion of idol of goddess Durga accused persons were raising slogans and also tried to enter towards the Mahahouri Chowk. The police tried to resist. Thereafter, the accused persons started altercation with the police and some police persons sustained injuries.
From the written report, it appears that although the petitioners are named but there is general and omnibus allegation against these petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Jamui P.S. case no. 163 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Jamui, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
Patna High Court Cr.Misc. No.48093 of 2018(2) dt.25-08-2018 3/3
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T