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Judgment
17 paragraphs · 314 wordsHeard Mr. Gagan Deo Yadav, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned Additional Public Prosecutor (hereinafter
referred to as the ‘APP’) for the State
The petitioner is in custody in connection with Ladaniya PS Case No. 37 of 2020 dated 01.03.2020, instituted under Sections 147, 148, 341, 323, 324,
325, 379, 504, 506/34 of the Indian Penal Code.
The allegation against the petitioner and others is general and omnibus of throwing brick-bats, though against three other co-accused it is specific of
assault by sword and farsa.
Learned counsel for the petitioner submitted that there is counter case also and the parties have inimical terms. Learned counsel submitted that
besides general and omnibus allegation that the petitioner was also throwing brick-bats, nothing specific has been alleged. It was submitted that the
petitioner has clean antecedent and is in custody since 30.06.2020.
Learned APP submitted that the petitioner was also there and took part in brick-batting.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail
upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, 1st Class, Madhubani in Ladaniya PS Case No. 37 of 2020 subject to the conditions (i) that one of the bailors shall be a close
relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner and (iii) that the
petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive
dates, without sufficient cause, shall lead to cancellation of his bail bonds.
The application stands disposed off in the aforementioned terms.
