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Patna High CourtCR. MISC./15077/2019allowed

Kameshwar Yadav And ORS v. The State Of Bihar

2019-03-12Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15077 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== 1.

Kameshwar Yadav, Son of Late Banshi Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad 2.

Mithilesh Yadav Son of Kameshwar Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad 3.

Ashok Yadav @ Ashok Kr Yadav Son of Kameshwar Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad 4.

Ramashish Yadav @ Ramashish Kr Yadav Son of Dharakshan Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad 5.

Sinesh Yadav @ Sinesh Kr Yadav Son of Dharakshan Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad 6.

Dharakshan Yadav, Son of Late Banarsi Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad 7.

Umesh Yadav, Son of Late Banshi Yadav Resident of Village - Ajaniyan, P.S.- Narori Kala Khurd, Distt - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Narari Kala Khurd Police Station Case No. 02 of 2019, disclosing offences punishable under Sections 341, 323, 504 and 308/34 of the Indian Penal Code.

Learned counsel for the petitioners is permitted to

Patna High Court CR. MISC. No.15077 of 2019(2) dt.12-03-2019 2/3 make necessary correction in paragraph no. 1 of this application in course of the day.

It is evident from the First Information Report that a land dispute between the parties is the reason behind occurrence. There is allegation of assault made by iron rod against these petitioners.

Learned counsel for the petitioners has submitted that the injuries have been found to be simple in nature. There is a counter case also in respect of the same occurrence, learned counsel for the petitioners contends.

Considering the facts and circumstances and the submission so advanced on behalf of the petitioners, as noted above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, 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 the learned C.J.M. in connection with Narari Kala Khurd Police Station Case No. 02 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners

Patna High Court CR. MISC. No.15077 of 2019(2) dt.12-03-2019 3/3 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) Ashish/- U T