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Patna High Court - Orders

Ajay Yadav vs The State Of Biha on 9 December, 2021

Author: Birendra Kumar

Bench: Birendra Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7342 of 2021
                          Arising Out of PS. Case No.-143 Year-2020 Thana- ATRI District- Gaya
                 ======================================================
           1.     AJAY YADAV S/O LATE CHALITAR YADAV R/O VILLAGE-NAWADA
                  TAND, P.S-ATRI, DISTRICT-GAYA.
           2.    ARUN YADAV S/O LATE CHALITAR YADAV R/O VILLAGE-NAWADA
                 TAND, P.S-ATRI, DISTRICT-GAYA.
           3.    RAJESH YADAV S/O LATE SHYAM YADAV R/O VILLAGE-NAWADA
                 TAND, P.S-ATRI, DISTRICT-GAYA.
           4.     MANTU YADAV S/O RAJESH YADAV R/O VILLAGE-NAWADA TAND,
                  P.S-ATRI, DISTRICT-GAYA.
                                                               ... ... Petitioner/s
                                           Versus
                 THE STATE OF BIHA
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                                       ORAL ORDER

3   09-12-2021

Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

There is general and omnibus allegation of commission of assault with the butt of the rifle and lathi etc., for dispute arising out of use of Rasta. There is case and counter case. Petitioners have got no criminal antecedent.

Considering the general and omnibus nature of Patna High Court CR. MISC. No.7342 of 2021(3) dt.09-12-2021 2/2 allegation, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Atri Police Station Case No. 143 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:-

(a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.
(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The petitioners shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/-

U     T