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Patna High CourtCR. MISC./19343/2016bail granted

Dularchand Yadav @ Dularchand Kumar Yadav And ORS v. The State Of Bihar

2016-05-19Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19343 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================

1. Dularchand Yadav @ Dularchand Kumar Yadav son of Lulta Yadav @ Lulha Yadav

2. Bablu Kumar Yadav @ Bablu Yadav, son of Lulta Yadav @ Lalha Yadav

3. Lalbaboo Yadav, s/o Lalha Yadav @ Lulta Yadav

4. Lalha Yadav @ Lulta Yadav S/o Sunar Yadav

5. Bachchi Devi, W/o Lalha Yadav @ Lulta Yadav, All residence of village Benipur Navtolia, P.S.- Bahera, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Subhas Singh For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Learned counsel for the petitioners states that petitioner N0.4 Lalha Yadav @ Lalta Yadav during the pendency of this application has been arrested.

This application so far as it relates to petitioner No.4 stands dismissed as having become infructuous. Heard learned counsel for the petitioner Nos. 1, 2, 3 and 5 and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bahera P. S. Case No. 08 of 2016, disclosing offences under

Sections 147,447,341,324,307,379 and 504 of the Indian Penal Code.

The informant and the petitioners are next door neighbours.

Learned counsel for the petitioners has submitted that the said Lalha Yadav @ Lulta Yadav (Petitioner No.4) has been granted regular bail by the Court below. He has further submitted that the injuries have not been found to be grievous in nature. According to him, the property dispute between the parties is the reason behind the occurrence, exaggerated version of which has been given in the First Information Report.

Considering the above, this application, so far it relates to petitioner Nos. 1,2,3 and 5, is allowed. Let petitioner Nos. 1,2,3 and 5 above-named in the event of their arrest/surrender within four weeks from today in the Court below, 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 A.C.J.M, Benipur at Darbhanga in Bahera P.S. Case No. 08 of 2016 ( G.R. No. 13/2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner Nos. 1,2,3 and 5 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) ArunKumar/- U