Allowed

Phantoosh Yadav and Ors. v. The State Of Bihar

Patna HC23 May 2018CR. MISC./28578/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna allowed anticipatory bail in Criminal Miscellaneous No.28578 of 2018. Petitioners, facing charges under sections 341, 323, 307, 447, and 379/34 of the Indian Penal Code in aPolice Station case, were granted bail due to a voluntary compromise. Orders include surrender within six weeks and furnishing of security.

What did the court decide?

Anticipatory bail granted; surrender within six weeks required; bail bond of Rs.10,000 with two sureties each.

Phantoosh Yadav and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28578 of 2018

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Arising Out of PS.Case No. -504 Year- 2017 Thana -GOGRI District- KHAGARIA

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======================================================

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Phantoosh Yadav, son of Deban Yadav,

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Pintu Yadav @ Pintu Kumar, son of Deban Yadav,

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Santosh Yadav, son of Deban Yadav,

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Anjali Devi, wife of Deban Yadav,

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Lalita Devi, daughter of Deban Yadav,

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Sangi Devi, daughter of Deban Yadav,

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Anita Devi, wife of Santosh Yadav, all resident of village-Fudkichak, P.S.-Gogri, District-Khagaria.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Bishweshwar Ram, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2/ 23-05-2018 Heard learned counsel for the petitioners and learned

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APP for the State.

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Petitioners apprehend their arrest in Gogri P.S. Case No.504 of 2017 instituted for the offence under Section(s) 341, 323, 307, 447, 379/34 Indian Penal Code.

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It has been submitted by the counsel for the petitioners that there is case and counter case between the parties.

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It is alleged that accused persons assaulted the informant and other family members with lahti, Danda.

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Counsel for the petitioners further submits that both the parties have voluntarily compromised the case as mentioned in para 10 of the bail petition. It is also mentioned in the bail

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Patna High Court Cr.Misc. No.28578 of 2018 (2) dt.23-05-2018

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2/2

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petition that informant and co-accused, Deban Yadav, are full brothers.

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In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Gogri P.S. Case No.504 of 2017 , they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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(Sanjay Priya, J)

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JA/-

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U T

Phantoosh Yadav and Ors. v. The State Of Bihar

Case brief

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Phantoosh Yadav and Ors. v. The State Of Bihar

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