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Patna High CourtCR. MISC./17615/2020partly allowed disposal

Jangli Yadav v. The State Of Bihar

2020-07-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17615 of 2020 Arising Out of PS. Case No.-105 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== 1.

Jangli Yadav 2.

Bechu Yadav 3.

Kailash Yadav Petitioner nos. 1 to 3 are sons of Madho Yadav 4.

Ratan Kumar Yadav @ Ratan Yadav 5.

Batan Yadav Both sons of Late Rabbi Yadav 6.

Chandan Yadav Son of Late Chalitar Yadav 7.

Govind Kumar Son of Jangli Yadav All are resident of Village - Kanjari, P.S.- Beldaur, District - Khagaria. ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Binod Kumar, Advocate For the Opposite Party :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Beldaur P.S. Case No. 105 of 2019 for offences under Sections 448, 504, 506, 385, 386, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that petitioner nos. 1, 2 and 3 are above 55 years old and there is land dispute between the parties.

Considering the age of petitioner nos.1, 2 and 3, namely, Jangli Yadav, Bechu Yadav and Kailash Yadav as they are above 55

Patna High Court CR. MISC. No.17615 of 2020(2) dt.10-07-2020 2/2 years old, the Court is inclined to grant bail to them. Let petitioner nos. 1, 2 and 3, namely, Jangli Yadav, Bechu Yadav and Kailash Yadav, in the event of arrest or surrender within two months from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Ms. Simmi Kujur, Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 105 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

So far as petitioner nos. 4, 5, 6 and 7, namely, Ratan Kumar Yadav @ Ratan Yadav, Batan Yadav, Chandan Yadav and Govind Kumar are concerned, having regard to the nature of allegations against them, the Court is not inclined to grant the privilege of anticipatory bail to them. The application is rejected. However, in the event the petitioners surrender before the court below and seek regular bail, the court below shall consider and dispose of the same on its own merits on the same day without being prejudiced by the order of rejection of this application. (Anil Kumar Upadhyay, J) BT/- U T