Sri Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7950 of 2016 Arising Out of PS.Case No. -5 Year- 2015 Thana -BHADWAR District- GAYA ======================================================

1. Sri Yadav Son of late Lochan Yadav

2. Dinesh Yadav Son of Sri Yadav

3. Suresh Yadav Son of Kheman Yadav

4. Kheman Yadav Son of Chanari yadav petitioner no. 1, 2, resident of Village- Radhbar, 3, 4 resident of Village- Jagatpur, Ps Bhadwar, Dist Gaya.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bhadwar P.S.Case No. 05/2015, disclosing offences under sections 341, 342, 323, 326, 307, 504, 506/34 of the Indian Penal Code.

For an occurrence said to have taken place on 14.7.2015 the First Information Report was instituted on 26.7.2015 on the basis of written report of the informant dated 26.7.2015. Learned counsel for the petitioners submits that the informant and the present petitioners are agnates and admittedly

Patna High Court Cr.Misc. No.7950 of 2016 (2) dt.08-04-2016 there is land dispute between both the parties. He also submits that both the parties sustained injuries in the occurrence, which had taken place on 14.7.2015 and the injuries on the informant side of the present case have been found to be simple in nature. The petitioners have no criminal antecedent, as stated in paragraph 3 of the application.

Considering the facts and circumstances and the nature of dispute between the parties, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released 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 Sri Gorakh Nath Dubey, Judicial Magistrate, 1st class, Sherghati, Gaya in Bhadwar P.S.Case No. 05/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U T