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Paras Yadav & Anr vs The State Of Bihar on 14 February, 2012

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.37003 of 2011
                 ======================================================
                 1.Paras Yadav, Son of Late Deo Narayan Yadav.
                 2.Bhagwat Yadav, Son of Paras Yadav.
                                                                    .... .... Petitioner/s
                                                 Versus
                 The State Of Bihar
                                                               .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER


4   14-02-2012

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph - 63 dated 30/09/2011.

The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 302 and 425 of the Indian Penal Code, are named accused in this case of assault resulting into subsequent death of the injured.

Submission is of total denial and there is general and omnibus allegation against the petitioners. Further, some of the co-accused persons have already been granted the privilege under almost similarly situated circumstances by different Benches of this Court, lastly, vide order dated 18.01.2012 passed in Cr. Misc. No. 2553 of 2012 (Pramod Yadav Vs. The State of Bihar).

Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Jogapatti P.S. Case No. 102 of 2011, subject 2 Patna High Court Cr.Misc. No.37003 of 2011 (4) dt.14-02-2012 2/2 to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Praveen-II/-