Chandeshwari Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10966 of 2019 Arising Out of PS. Case No.-665 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Chandeshwari Yadav aged about 45 years (Male), son of Son of late Kamli Yadav 2.
Gard Yadav aged about 24 years (Male), Son of Ram Ashik Yadav . 3.
Ram Vinay Yadav aged about 35 years (Male), Son of Bishundeo Yadav. 4.
Rajesh Yadav aged about 33 years (Male), Son of Bishundeo Yadav All Resident of Village - Madhua, P.S. - Muffasil, Distt.- Khagaria. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Khagaria (Muffasil) P.S. Case No. 665/2018, G.R. No. 2706/2018 registered under Sections 341, 323, 447, 379 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners submits that on perusal of the F.I.R. it would appear that there is a land dispute between the petitioner no.1 and the informant and for that reason only in order to pressurize these petitioners
Patna High Court CR. MISC. No.10966 of 2019(2) dt.26-02-2019 2/3 the present case has been lodged. It is submitted that although there are allegations of firing but it is difficult to believe that despite 100 round firing no one has been injured.
Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case where there are allegation of firing against 10 named and 8 - 10 unknown persons including these petitioners but there is no specific allegation of firing against these petitioners causing any injury to anybody, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 665/2018, G.R. No. 2706/2018, subject to condition that petitioners will report to the Investigating Officer within a period of two weeks from today in interrogation and shall cooperate in course of investigation. In case, the
Patna High Court CR. MISC. No.10966 of 2019(2) dt.26-02-2019 3/3 Investigating Officer finds that these petitioners are indulging in similar kind of offence and that they are creating law and order problem, the Investigating Officer shall take steps for cancellation of anticipatory bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Rajeev/- U T