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Angad Yadav vs The State Of Bihar on 6 November, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67357 of 2019
Arising Out of PS. Case No.-222 Year-2019 Thana- SAHEBPUR KAMAL District-
Begusarai

1. ANGAD YADAV Son of Late Balo Yadav Resident of Village – Naya Tola
Sahebpur Kamal, P.S.- Sahebpur Kamal, Dist.- Begusarai.
2. Shankar Yadav Son of Late Ram Kishun Yadav Resident of Village – Naya
Tola Sahebpur Kamal, P.S.- Sahebpur Kamal, Dist.- Begusarai.
3. Piyush Yadav son of Kantu Ray Resident of Village – Raghunathpur, P.S.-
Sahebpur Kamal, Dist.- Begusarai.
4. Chhabu Yadav Son of Ravindra Ray @ Ravindra Yadav Resident of Village –
Raghunathpur, P.S.- Sahebpur Kamal, Dist.- Begusarai.
5. Sanni Yadav Son of Botal Ray Resident of Village – Raghunathpur, P.S.-
Sahebpur Kamal, Dist.- Begusarai.
6. Shah Isatiyarkur Rahman @ Shah Istakhur Rahman Son of Late Shah Jillu
Rahman @ Late Jillur Rahman Resident of Village – Lakhminia, P.S.- Ballia,
Dist.- Begusarai.

… … Petitioner/s
Versus
THE STATE OF BIHAR

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Viveka Nandsingh
For the Opposite Party/s : Mr.Ashraf Ansari

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER

2 06-11-2019 Heard learned counsel for the petitioners and

learned APP for the State.

2. The petitioners apprehend their arrest for the

offences alleged under Sections 147, Section341, Section323, Section307, Section354(B), Section504

and Section506 of the Indian Penal Code, including Section 27 of the

Arms Act, registered in connection with S.Kamal P.S.Case No.

222 of 2019.

3. It is submitted that the petitioners have been falsely
Patna High Court CR. MISC. No.67357 of 2019(2) dt.06-11-2019
2/3

implicated in the backdrop of land dispute between the parties.

The accusation of firing by the petitioners is general and

omnibus and in any event not corroborated in absence of any

injury report as no one has sustained injury. The omnibus

accusation under Section 354 IPC is mere embellishment. The

petitioner nos. 2 to 6 claim clean antecedents, while the

petitioner no.1 is accused in one prior case in which he is on

bail.

4. Be that as it may, in the event of petitioners’ arrest

or surrender before court below within six weeks from the date

of communication of this order, let the above named petitioners

be released on bail on furnishing bail bonds of Rs. 10,000/-(ten

thousand) each, with two sureties of the like amount each, to

the satisfaction of learned Chief Judicial Magistrate, Begusarai

in connection with S.Kamal P.S.Case No. 222 of 2019, subject

to the conditions as laid down under Section 438(2) Cr. P.C. and

also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of

the petitioners.

(ii) That the petitioners shall not indulge in any

similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the
Patna High Court CR. MISC. No.67357 of 2019(2) dt.06-11-2019
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investigation, if not already concluded, and make themselves

available as and when so required and in case of failure, the

State shall be at liberty to move for cancellation of bail.

(iv) The petitioners shall remain physically present in

Court on each and every date during trial and in the event of

failure on two consecutive dates without sufficient reason, their

bail bonds shall be liable to be cancelled by the learned Court

concerned.

(Vikash Jain, J)
HR/-

U T

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