Bichandi Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17657 of 2019 Arising Out of PS. Case No.-344 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

BICHANDI YADAV, S/o Late Chhatdhari Yadav @ Chhatardhari Yadav 2.

Ramawati Devi, Wife of Bichandi Yadav 3.

Nanhe Yadav @ Nanhe Yada @ Pathru @ Pathru Yadav, son of Bichandi Yadav, 4.

Seshnath Yadav S/o Bichandi Yadav 5.

Ashok Yadav @ Ashok Kumar Yadav, Son of Bichandi Yadav 6.

Mulayam Yadav @ Molayam Yadav Son of Bichandi Yadav 7.

Manoj Yadav Son of Late Chhatdhari Yadav @ Chhatardhari Yadav All are resident of Village-Meghwal Mathiya, P.S.-Ramnagar, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2019 Learned Counsel for the petitioners, at the very outset, submits that petitioner no. 5, namely, Ashok Yadav @ Ashok Kumar Yadav, has been arrested by the police during the pendency of this application.

Accordingly, this application, so far as petitioner no. 5, namely, Ashok Yadav @ Ashok Kumar Yadav, is concerned , is dismissed as having become infructuous.

Heard learned Counsel for the petitioner nos. 1 to 4

Patna High Court CR. MISC. No.17657 of 2019(2) dt.26-03-2019 2/3 and 6 to 7 and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ramnagar Police Station Case No. 344 of 2018, disclosing offences under Sections 341/323/324/307/504/34 of the Indian Penal Code.

On perusal of the First Information Report, it is evident that there is land dispute, which is the reason behind the occurrence alleged in the First Information Report. Learned Counsel appearing on behalf of the petitioners has submitted that the allegation of assault is general and omnibus and for the same occurrence, another First Information Report has been registered as Ramnagar Police Station Case No. 345 of 2018. It has further been argued that both sides have received injuries and the injuries on the informant's side have been found to be simple in nature. Considering the above, this application is allowed. Let the petitioners, namely, Bichandi Yadav, Ramawati Devi, Nanhe Yadav @ Nanhe Yada @ Pathru @ Pathru Yadav, Seshnath Yadav, Mulayam Yadav @ Molayam Yadav and Manoj Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on

Patna High Court CR. MISC. No.17657 of 2019(2) dt.26-03-2019 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Ramnagar Police Station Case No. 344 of 2018, 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 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.) Prabhakar Anand/- U √ T √