Khokha Yadav @ Rai Kishor Yadav @ Ram Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85563 of 2019 Arising Out of PS. Case No.-493 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

KHOKHA YADAV @ RAI KISHOR YADAV @ RAM KISHORE YADAV Son of Late Achin Lal Yadav 2.

Ganesh Yadav Son of Late Achin Lal Yadav 3.

Pappu Yadav Son of Khokha Yadav @ Rai Kishor Yadav @ Ram Kishore Yadav All are Residents of Village - Laxmipur, P.S.-Simraha, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 447, 341, 323, 325, 307, 354, 379, 504, 506/34 of the Indian Penal Code. Informant has alleged in his written complaint that on 02.06.2019 at 4 p.m., accused persons came and started abusing and assaulting him and also threatened to set his house on fire if he does not vacate their land and thereafter there is general and omnibus allegation against all the FIR named accused of assaulting the informant by lathi, danda and rod and it is further

Patna High Court CR. MISC. No.85563 of 2019(2) dt.14-02-2020 2/3 alleged that they snatched away the golden chain of his wife. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to land dispute between the parties. There is case and counter case between the parties and injury sustained by the family members of informant are simple in nature. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Forbesganj (Simraha) P.S. Case No.493/19 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable

Patna High Court CR. MISC. No.85563 of 2019(2) dt.14-02-2020 3/3 reason will be sufficient to cancel their bail bonds.

(3) If the 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. (S. Kumar, J) Sanjay/- U T