High Court Patna High Court - Orders

Ramesh Yadav & Ors. vs The State Of Bihar on 9 August, 2011

Patna High Court – Orders
Ramesh Yadav & Ors. vs The State Of Bihar on 9 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Criminal Miscellaneous No.23472 of 2011
                 1. Ramesh Yadav
                 2. Umesh Yadav
                 3. Laxman Yadav
                     1 to 3 are sons of janeshwar Yadav @ Tapeshwar
                     Yadav.
                 4. Manoj Yadav, son of Bhunesh Yadav
                     All residents of village - Tarari Tola, Kurban Bigaha,
                     P.S. - Daudnagar, District - Aurangabad, Bihar.
                                                          --------- Petitioners.
                                           Versus
               The State of Bihar                     -------Opposite Party
                                            ******

02. 09.08.2011 Heard learned counsel for the petitioners

and learned Additional Public Prosecutor for the

State.

The petitioners apprehending their arrest

in connection with Complaint Case No. 318/2010 for

the offences under Sections 147/148/149/323/

394/341/355/356 of the Indian Penal Code and 27

of the Arms Act, pending in the court of Chief

Judicial Magistrate, Aurangabad.

Learned counsel for the petitioners seeks

permission to withdraw this application with respect

to petitioner nos. 1 and 2 namely, Ramesh Yadav

and Umesh Yadav. As submitted, they have been

arrested by the police. Hence, this application has

become infructuous.

Accordingly, this application stands

disposed of as having become infructuous with
2

respect to petitioner nos. 1 and 2 namely, Ramesh

Yadav and Umesh Yadav.

So far as petitioner nos. 3 and 4 are

concerned, they are named accused in this

complaint case but with simple allegation of

assisting other co-accused against whom there

appears some specific allegation.

Considering the facts and circumstances of

the case, in the event of their arrest or surrender

within a period of four weeks, let the petitioners

nos. 3 and 4 namely, Laxman Yadav and Manoj

Yadav, be enlarged on bail on furnishing bail bond of

sum of Rs. 10,000/- (ten thousand only) each with

two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate,

Aurangabad, in connection with Complaint Case

No. 318/2010, 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.)
 3