Patna High Court - Orders
Nirdosh Yadav & Ors. vs The State Of Bihar on 6 March, 2013
Author: Gopal Prasad
Bench: Gopal Prasad
Patna High Court Cr.Misc. No.43898 of 2012 (3) dt.06-03-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 43898 of 2012
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1. Deepak Yadav, S/O Shankar Yadav, Resident of Village - Morkahi,
P.S.- Bithan, Dist.- Samastipur
2. Devendra Yadav, S/O Shankar Yadav, Resident of Village - Morkahi,
P.S.- Bithan, Dist.- Samastipur
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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With
Criminal Miscellaneous No. 3753 of 2013
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1. Nirdosh Yadav, S/O Shankar Yadav
2. Samtosh Yadav, S/O Shankar Yadav
3. Rajveev Yadav, S/O Shankar Yadav
4. Shankar Yadav, S/O Chandi Yadav
All resident of village-Morkahi, P.S. Bithan, Distt.-
Samastipur
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
3 06-03-2013Heard learned counsel for the petitioners and learned counsel for the State.
These two petitions are for grant of regular bail in a case under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code.
There is specific allegation that one Jagdeo Yadav assaulted with spade on the head of the deceased and the role attributed to these petitioners is that they having variously armed with Farsa, Bhala, Lathi and iron rod assaulted the deceased, though the allegation against the petitioners is general and omnibus.
Learned counsel for the petitioners, however, contended that the other co-accused having similar allegation or much more graver than the petitioners has been granted bail by a Bench of this Court vide order Patna High Court Cr.Misc. No.43898 of 2012 (3) dt.06-03-2013 dated 04.02.2013 passed in Cr. Misc. No. 2711 of 2013.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge-2nd, Samastipur in connection with Sessions Trial No. 608 of 2012/281 of 2012 arising out of Bithan P. S. Case No. 46 of 2012, subject to the condition that the petitioners shall appear in the case on each and every date fixed by the learned court below and any absence of the petitioners shall be subject to the satisfaction of the learned court below on reasonable grounds and if the petitioners shall be absent on two consecutive dates without any compelling reason to the satisfaction of the learned court below will itself be a ground for cancellation of the bail bond of the petitioners.
(Gopal Prasad, J) Kundan/-