IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21902 of 2011
1. Gajan Yadav, son of late Mothi Yadav of village - Dhani
Chak, P.S. - Masaurhi, District - Patna.
2. Sunil Yadav, son of Nanhu Yadav of village Jamalpur,
P.S. - Paraiya, District - Patna.
-------- Petitioners.
Versus
The State Of Bihar -----Opposite Party
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For the petitioners : Mr. Lallu Prasad, Adv.
For the State : Mr. Damodar Prasad Tiwary, APP
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02. 01.08.2011 Heard learned counsel for the petitioners
and learned Additional Public Prosecutor for the State.
The petitioners apprehending their arrest in
connection with Masaurhi P.S. Case No. 454/2009 for
the offences under Sections 147/148/149/341/323/
307/384 and 506 of the Indian Penal Code and 27 of
the Arms Act, pending in the court of S.D.J.M.,
Masaurhi, Patna.
Both the petitioners are named accused in
this case. Petitioner no. 1 Gajan Yadav, carries specific
allegation of assaulting the informant by Farsa on his
head and other portions of the body, whereas against
petitioner no.2 Sunil Yadav, there is omnibus and
general allegations attracted. There is counter version
also by way of Masaurhi P.S. Case No. 453/2009,
wherein one person has already lost his life in alleged
occurrence relating with land dispute.
In view of the allegation levelled against
2
petitioner no. 1 namely, Gajan Yadav, this court is not
inclined to enlarge him on anticipatory bail.
Hence, prayer for anticipatory bail of
petitioner no.1 namely, Gajan Yadav is hereby
rejected.
So far as petitioner no.2 is concerned,
considering the facts and circumstances of the case,
in the event of his arrest or surrender within a period
of four weeks, let the petitioner no.2 namely, Sunil
Yadav, be enlarged on bail on furnishing bail bond of
sum of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of
S.D.J.M., Masaurhi, Patna, in connection with
Masaurhi P.S. Case No. 454/2009, subject to
condition under section 438(2) of the Code of Criminal
Procedure, and additional condition to attend the
court regularly at least for two years or till disposal of
the case, whichever is earlier and in the event of
failure on two consecutive dates, without any
reasonable explanation, the privilege granted shall be
deemed to be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)