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Patna High CourtCR. MISC./14108/2016disposed

Sadhu Yadav And ORS v. The State Of Bihar

2016-06-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14108 of 2016 Arising Out of PS.Case No. -54 Year- 2015 Thana -BARHAT District- JAMUI ======================================================

1. Sadhu Yadav S/o- Heman Yadav

2. Kundan Yadav S/o- Rambhajan Yadav

3. Rambhajan Yadav S/o- Late Heman Yadav

4. Parshuram Kumar Yadav @ Parshuram Yadav S/o Naresh Yadav

5. Bikram Yadav S/o- Naresh Yadav. All 1 to 5 are R/o- Village- Numar, P.S.- Barhat, Ditrict- Jamui.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Amar Prakash, Advocate.

For the Opposite Party : Mr. Sanjay Kr.Panday, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2016 Heard both sides.

The petitioner no. 1 Sadhu Yadav and petitioner no. 4 Parshuram Kumar Yadav @ Parshuram Yadav have already been arrested. Their anticipatory bail petition is dismissed as has become infructuous.

The petitioners Kundan Yadav, Rambhajan Yadav and Bikram Yadav apprehend their arrest in Barhat P.S. Case No. 54 of 2015 registered for the offences punishable under Sections 147, 148, 149, 324, 307, 326 and 504 of the Indian Penal Code. Birendra Yadav, Chandan Yadav and Rambhajan Yadav (petitioner no. 3) are alleged to have assaulted Paltan Yadav with spade. Rabindra Yadav and Parshuram Yadav are

Patna High Court Cr.Misc. No.14108 of 2016 (3) dt.28-06-2016 2/2 alleged to have assaulted Gautam Yadav with sword. Bikram Yadav (petitioner no. 5) is alleged to have assaulted Ramdeo Yadav with Lathi.

It is submitted that co-accused Rabindra Yadav @ Rabindrar Yadav, Naresh Yadav and Birendra Yadav @ Birendra Yadav have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 57794 of 2015 on 05.05.2016. Ramdeo Yadav got simple injury. There is a series of litigation between the parties and from the side of petitioners there is a counter version. Considering the facts aforesaid, the petitioners no. 2, 3 and 5 Kundan Yadav, Rambhajan Yadav and Bikram Yadav, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in Barhat P.S. Case No. 54 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T