IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55818 of 2021

Arising Out of PS. Case No.-122 Year-2021 Thana- CIVIL LINE District- Gaya

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1.

Binod Yadav, aged about 50 years, Gender-Male.

2.

Pramod Yadav, aged about 42 years, Gender-Male.

Sl. No. 1 and 2 are Son of Gopal Yadav.

3.

Niranjan Kumar, aged about 22 years Gender- Male, Son of Binod Yadav.

4.

Vishnu Kumar, aged about 19 years, Gender-Male, Son of Pramod Yadav.

All are Resident of village- Dighi Talab, P.S.- Civil Lines, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Mrigendra Kumar

For the Opposite Party/s :

Mr.Ram Naresh Ray

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

2

24-02-2022

Heard the parties.

Learned counsel for the petitioners does not want to

press this application against petitioner no. 3, namely Niranjan

Kumar.

Accordingly, the application is dismissed as not

pressed against petitioner no. 3 and are restricted to petitioners

no.1, 2 and 4 namely Binod Yadav, Pramod Yadav and Vishnu

Kumar, respectively.

The petitioners no. 1, 2 and 4 seek bail in

anticipation of their arrest in connection with Civil Lines P.S.

Case No. 122 of 2021 instituted for the offences punishable

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under Sections 323, 341, 504, 506, 308, 354(B) and 34 of the

Indian Penal Code.

Learned counsel for the petitioners no. 1, 2 and 4

submits that against the other petitioners, it is a case of over

implication and sudden quarrel has occurred between them and

case under Section 354 IPC is not made out.

Taking into consideration the overall aspect and that

all the family members have been made an accused, I am

inclined to allow the anticipatory bail application of petitioners

no. 1, 2 and 4, namely, Binod Yadav, Pramod Yadav and Vishnu

Kumar, in the event of arrest they shall be released on

anticipatory bail, subject to the conditions as laid down under

Section 438(2) of the Cr.P.C, which are as under:-

1. The petitioners no.1, 2 and 4, namely Binod Yadav,

Pramod Yadav and Vishnu Kumar shall furnish personal bond

each with his recent self-attested photograph and surety of the

like amount on the following conditions at the satisfaction of the

investigating officer;

2. The petitioners no. 1, 2 and 4 shall cooperate with

the investigation and make themself available for interrogation

whenever required;

3. The petitioners no. 1, 2 and 4 shall not directly or

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indirectly make any inducement, threat or promise to any

witness acquainted with the facts of the case so as to dissuade

him from disclosing such facts to the court or to any police

officer;

4. The petitioners no. 1, 2 and 4 shall not obstruct or

hamper the police investigation and not to play mischief with

the evidence collected or yet to be collected by the police;

5. The petitioners no. 1, 2 and 4 shall not leave the

territory of Gaya, without prior permission of the Court, till trial

is over;

6. The petitioners no. 1, 2 and 4 shall maintain law

and order;

7. The petitioners no. l, 2 and 4 shall, at the time of

execution of the bond, furnish their address and mobile numbers

to the investigating officer, and the court concerned, and shall

not change their residence till the final disposal of the case;

8. The petitioners no. 1, 2 and 4 shall surrender their

passport, if any, before the investigating officer within a week

and, if they does not possess any passport, they shall file an

affidavit to that effect before the investigating officer;

9.The petitioners no. 1, 2 and 4 shall regularly remain

present during the trial, and cooperate with the Hon’ble court to

Patna High Co