Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15375 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== 1.

VINOD YADAV, Son of Late Mahabir Yadav Resident of village - Phulaut East, P.S. - Chausa (Phulaut), District - Madhepura. 2.

Abhay Yadav @ Abhai Kumar Yadav, Son of Vinod Yadav Resident of village - Phulaut East, P.S. - Chausa (Phulaut), District - Madhepura. 3.

Pugla Yadav @ Aman Kumar, Son of Vinod Yadav Resident of village - Phulaut East, P.S. - Chausa (Phulaut), District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivnandan Sah For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Durgesh Kumar, learned advocate for the petitioners and learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Chousa (Phulaut) P. S. Case No. 85 of 2020, instituted for the offences under Sections 147, 148, 149, 323, 384, 307, 327, 427, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The accusation against the petitioners is of intimidating, making attempts at extortion of money and of

Patna High Court CR. MISC. No.15375 of 2021(2) dt.07-01-2022 2/3 opening fire against the informant and others while they were irrigating their field.

The learned advocate for the petitioners has submitted that only the informant and one Dharmendra Kumar Yadav have received simple injuries, which may not have been caused in the present transaction. There is some dispute with respect to the purchase of the land by the petitioners and, therefore the present case has been lodged. It has been submitted on behalf of the petitioners that the accusation does not appear to be trustworthy. In fact, when a senior police officer supervised this case, he found the accusation true only against Kari Yadav and not against others.

Considering the afore-stated facts and taking into account that in the earlier cases lodged against the petitioners, they have been granted bail, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

Patna High Court CR. MISC. No.15375 of 2021(2) dt.07-01-2022 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Udakishunganj, District - Madhepura, in connection with Chousa (Phulaut) P. S. Case No. 85 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T