Rogi Yadav & Ors. vs The State Of Bihar on 14 November, 2014

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Patna High Court - Orders

Rogi Yadav & Ors. vs The State Of Bihar on 14 November, 2014

Bench: Vikash Jain

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.18168 of 2013
                           Arising Out of PS.Case No. -98 Year- 1997 Thana -JOGAPATTI District-
                                             WESTCHAMPARAN(BETTIAH)
                 ======================================================
                 1. Rogi Yadav S/O Late Kanchan Yadav
                 2. Paras Yadav S/O Late Swaminath Yadav
                 3. Binod Yadav S/O Paras Yadav
                 All Three are residents of Jalalpur, P.S. - Jogapatti, District- West
                 Champaran.
                 4. Gama Yadav S/O Mahaveer Yadav , resident of village- Dhabelwa, P.S.-
                 Jogapatti, District- West Champaran
                 5. Ramakant Yadav S/O Banshi Yadav, resident of Village- Mujausa, P.S.-
                 Thakaraha, District- West Champaran
                                                                      .... .... Petitioners
                                                   Versus
                 The State Of Bihar
                                                                  .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners      : Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party :     APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                 ORAL ORDER

3   14-11-2014

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 324, 307, 302, 212 and 364A of the Indian Penal Code registered in connection with Tr. No.1075/2012 arising out of Jogapatti P.S. Case No.98 of 1997.

3. It is submitted that the petitioners have been falsely implicated as the petitioners' side itself have instituted an F.I.R. as Jogapatti P.S. Case No.87 of 1997 in respect of the same occurrence whereas the complaint in the present case Patna High Court Cr.Misc. No.18168 of 2013 (3) dt.14-11-2014 2/3 (subsequently converted into an FIR) has been filed three days thereafter and after due investigation final form was filed by the police.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let petitioners, namely, Rogi Yadav, Paras Yadav, Binod Yadav, Gama Yadav and Ramakant Yadav, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Mr. P.K. Shukla, Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Tr. No.1075 of 2012 arising out of Jogapatti P.S. Case No. 98 of 1997, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:-

(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled Patna High Court Cr.Misc. No.18168 of 2013 (3) dt.14-11-2014 3/3 by the learned Court concerned.

(Vikash Jain, J) B.T/-

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Patna High Court - Orders