Manajar Yadav vs The State Of Bihar
2021 Latest Caselaw 869 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31733 of 2020
           Arising Out of PS Case No.-159 Year-2020 Thana- SHAHPUR District- Bhojpur
     ======================================================

1. Manajar Yadav, Male, aged about 40 years, Son of Vishwa Nath Yadav.

2. Manoj Yadav, Male, aged about 40 years, Son of Hridya Yadav @ Hridya Nand Yadav, Both resident of Village - Damodarpur, Police Station - Shahpur, District - Bhojpur at Ara.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ramchandra Singh, learned counsel for the

petitioners and Mr. Jharkhandi Upadhyay, learned In-charge

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioners apprehend arrest in connection with

Shahpur PS Case No. 159 of 2020 dated 25.05.2020, instituted

under Sections 147, 148, 149, 307, 427, 504 and 506 of the Indian

Penal Code.

4. The allegation against the petitioners along with 19

other co-accused is of assault and there is specific overt act Patna High Court CR. MISC. No.31733 of 2020 dt.12-02-2021

alleged against other co-accused but against the petitioners, it is

only general and omnibus. It was submitted that the accused in the

present case have filed Shahpur (Bahoranpur Out Post) PS Case

No. 158 of 2020, for the same incident on the same day which is

prior to the present case in which there is injury on the accused

side of the present case. Learned counsel submitted that the

petitioners have no criminal antecedent.

5. Learned APP submitted that person has got serious

life threatening injury in the incident. However, it was not

controverted that against the petitioners no specific overt act is

alleged which is against other named co-accused.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Bhojpur at Ara in Shahpur PS

Case No. 159 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners and the bailors shall execute Patna High Court CR. MISC. No.31733 of 2020 dt.12-02-2021

bond with regard to good behaviour of the petitioners, and (iii)

that the petitioners shall also give an undertaking to the Court that

he shall not indulge in any illegal/criminal activity, act in violation

of any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of their

bail bonds. The petitioners shall cooperate in the case and be

present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T