Basudeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12518 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -SONO District- JAMUI ======================================================

1. Basudeo Yadav Son of Late Ram Prasad Yadav, @ Ramu Gope

2. Sisupal Yadav Son of Basudeo Yadav.

3. Jitendra Yadav @ Jitendra Kumar Yadav. Son of Basudeo Yadav. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 504 and 307 of the Indian Penal Code. Prosecution case is that the accused persons demolished the fencing of the land and hut of the informant. When protest was made by wife and sons of the informant then co-accused Dharmpal Yadav assaulted on the head of the wife of the informant whereas petitioner no.1, Basudeo Yadav and his son petitioner no.3, Jitendra Yadav assaulted one Karu Yadav, who sustained head injury. Petitioner no.2, Shishupal Yadav and other accused persons assaulted the sons of the informant namely

Patna High Court Cr.Misc. No.12518 of 2016 (2) dt.30-03-2016 2/2 Sudhir and Nagendra Yadav. When daughter-in-law and granddaughter of the informant came to rescue, the accused persons also assaulted them. The motive of the occurrence is alleged to be the claim of petitioner no.1, the title and possession of the land, in question.

It is submitted by learned counsel for the petitioners that the injuries of the informant's sides have been found to be simple in nature and in the background of land dispute the accusation has been levelled. There is counter version of the occurrence also. A statement has been made in paragraph 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 ACJM, Jamui, in connection with Sono P.S. Case No.4/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T