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Patna High CourtCR. MISC./14201/2016disposed

Dilip Yadav And ORS v. The State Of Bihar

2016-03-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14201 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -MANIHARI District- KATIHAR ======================================================

1. Dilip Yadav,

2. Rajesh yadav,

3. Girjanand Yadav,

4. Bikash Yadav alias Bikash Kumar

5. Shri Yadav

6. Ratan Yadav,

7. Ambika Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,307 and 427 of the Indian Penal Code, section 27 of the Arms Act and section 3(1)(x)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that on 10.8.2015 the accused persons allowed 60-65 buffaloes in the maize field of the informant and damaged the crops of rupees seventy thousand. On protest being made, the accused persons assaulted the informant.

Patna High Court Cr.Misc. No.14201 of 2016 (2) dt.31-03-2016 2/2 Co accused Rajesh opened fire in air.

It is submitted by the learned counsel for the petitioners that for a land dispute the accusation has been levelled and for the occurrence of 10.8.2015 the FIR was registered on 12.8.2015 and there is no injury report on record.

Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for three months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Katihar, in connection with Manihari P.S. Case No.98 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner shall be confirmed by the learned court below on verification of the fact that no injury was caused to the informant side. If any injury is found to have been caused to the informant side, the petitioners will surrender and pray for regular bail.

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