Abhinandan Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4889 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- MARAUNA District- Supaul ======================================================

1. Abhinandan Yadav

2. Chandan Yadav. Both sons of Premlal Yadav

3. Premlal Yadav, s/o Jibachh Yadav. All three R/o village- Pachabhinda, P.S.- Marauna, District-Supaul.

4. Guneshwar Yadav, s/o Jibachh Yadav, R/o village- Khorama, P.S.- Marauna, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Marauna Police Station Case No.71 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 354A, 379, 427, 504, 506/34 of the Indian Penal Code. For land dispute there is case and counter case. Specific allegation against petitioner No.1, Abhinandan Yadav is to have assaulted with sharp cutting weapon at the head of the informant. The doctor has found lacerated wound at the mid scalp of the informant. Submission is that the injury report is not consistent with the prosecution allegation of commission of assault with sharp cutting weapon.

Patna High Court Cr.Misc. No.4889 of 2019(2) dt.29-01-2019 2/2 Considering the fact that petitioner No.1, Abhinandan Yadav had knowledge while attempting blow at the head of the informant that his act might cause death. Hence, I am not inclined to enlarge him on anticipatory bail. Hence, his pryaer is refused. The remaining petitioners namely, petitioner No.2, Chandan Yadav, petitioner No.3, Premlal Yadav and petitioner No.4, Guneshwar Yadav are carrying general and omnibus nature of allegation. Hence, let them, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.

20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) abhishek/- U T