IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34335 of 2011 ====================================================== 1. Bhikhan Yadav, son of late Maheshwari Yadav. 2. Shiyasharan Yadav, son of late Saburi Yadav. 3. Jay Krishna Yadav, son of Dev Narayan Yadav. 4. Jowar Yadav, son of Mahavir Yadav. 5. Pappu Sah, son of Mishri Sah. 6. Bichkun Das, son of Faturi Dash. All of resident of village- Ghoshain Patti, P.S. Sour Bazar, District- Saharsa .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party : Mr. Jitendra Kumar Singh No. 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Sections 147, 323 and 380 of the Indian Penal Code. Learned counsel for the petitioners submits that the entire criminal prosecution is the result of political rivalry between the parties due to last gram panchayat election. The petitioners are Patna High Court Cr.Misc. No.34335 of 2011 (2) dt.12-10-2011 2 said to be supporters of co-accused Pintu Yadav. He also submits that allegations against the petitioners are general and omnibus in nature and the case of the petitioners is quite distinguishable with that of co-accused Pintu Yadav, who is alleged to be the main culprit. In the aforesaid facts and circumstances, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each in connection with Complaint Case No. 991C of 2004 to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that:- (a) One of the bailors must be a government servant or close family member or relation of the petitioners, who will file an affidavit in the court below showing their relationship with the petitioners. (b) If the petitioners are found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is Patna High Court Cr.Misc. No.34335 of 2011 (2) dt.12-10-2011 3 filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. Devendra/- (Birendra Prasad Verma, J)