Allowed

Akalu Yadav and Ors. v. The State Of Bihar

Patna HC18 Aug 2016CR. MISC./31086/2016

Case brief

AI extract

What is this about?

Hearing an application for anticipatory bail in a case of physical assault between agnates, the High Court granted bail subject to conditions including personal appearance and furnishing a bond of Rs. 10,000 with sureties in accordance with Section 438(2) CrPC.

What did the court decide?

Petitioners to be released on bail upon arrest/surrender within four weeks, subject to furnishing a bond of Rs. 10,000 each with two sureties and personal appearance at all hearings.

Akalu Yadav and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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Patna High Court Cr.Misc. No.31086 of 2016 (2) dt.18-08-2016

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31086 of 2016

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Arising Out of PS.Case No. -34 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH)

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====================================================== 1. Akalu Yadav 2. Jayram Yadav 3. Khakhanu Yadav Petitioner no.1 to 3 are sons of Late Raghunandan Yadav 4. Tuntun Yadav @ Tuntun Kumar Yadav son of Khakhanu Yadav 5. Rajesh Yadav son of Late Dhrup Yadav All residents of Village- Dihi Dhawelwa, Police Station- Yogapatti, District- West Champaran at Bettiah. .... .... Petitioner/s

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Versus

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The State of Bihar .... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 18-08-2016 Heard both sides.

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The petitioner(s) herein seek anticipatory bail in Yogapatti P.S. Case No. 34 of 2016 registered under Sections 307/379 and other allied Sections of the Indian Penal Code.

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Both parties are agnates. The allegation against the petitioner(s) is that while the informant was coming home, he was stopped and was assaulted with farsa/lathi. When others come to his rescue, they were also thrashed. Co-accused Jairam Yadav, lodged another case against the present prosecution side vide Annexure-2, with an allegation that the accused(s) persons assaulted the inmates of the house by means of lathi, danda and farsa.

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Patna High Court Cr.Misc. No.31086 of 2016 (2) dt.18-08-2016

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It has been submitted that the petitioner(s) do not carry criminal antecedent. Co-accused of the counter case have been granted anticipatory bail by this Court vide order dated 27.06.2016 (Annexure-3) noticing the fact that both parties were agnates and on inimical terms. A compromise has also been arrived between them.

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Having regard to the aforesaid, I am persuaded to extend the privilege of anticipatory bail.

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Let the petitioner(s) above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, West Champaran at Bettiah in Yogapatti P.S. Case No. 34 of 2016, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner(s) shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.

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(Kishore Kumar Mandal, J)

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rohit/-

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U T

Akalu Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Akalu Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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