Shiv Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2544 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -MURLIGANJ District- MADHEPURA ======================================================
1. Shiv Yadav
2. Saryug Yadav.
3. Kari Yadav.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Adv. For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 448, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that the tractor driver of the informant was taken the tractor to plough the land of the informant through the barren land of Gajendra Yadav then the petitioners and others surrounded, abused and assaulted the tractor driver of the informant. It is also alleged that co-accused Gajendra Yadav took out `1,000/- from the pocket of the driver and demanded `20,000/- as extortion to allow him to plough the
Patna High Court Cr.Misc. No.2544 of 2016 (2) dt.18-01-2016 2/3 land. The driver came and narrated the incident to the informant then the informant went to made protest when co-accused Lalo Yadav pointed pistol on the chest of the informant. Dhunmun Yadav took out two stamps and some papers of tractor from his pocket, when the informant made protest then Lalo Yadav threatened and opened fire, but it did not cause any injury to him. It is also alleged that co-accused on 27.04.2015 came to the house of the informant, assaulted the informant and took away jewellary worth `30,000/-, clothes worth `10,000/- and cash of `25,000/-.
It is submitted by learned counsel for the petitioners that for the initial occurrence of 17.04.2015 the complaint was filed on 29.04.2015 which came to be registered as a police case on 01.07.2015 and in the background of land dispute, the accusation has been levelled. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura in connection with
Patna High Court Cr.Misc. No.2544 of 2016 (2) dt.18-01-2016 3/3 Murliganj P.S. Case No. 126 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T