Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33015 of 2021 Arising Out of PS. Case No.-440 Year-2020 Thana- JHAJHA District- Jamui ====================================================== 1.

RABINDRA YADAV, aged about 30 years, Male, SON OF PRABHU YADAV 2.

DHARMENDRA YADAV, aged about 37 years, Male, SON OF PRABHU YADAV 3.

MUNNA YADAV, aged about 29 years, Male, SON OF PRABHU YADAV 4.

SUBHASH KUMAR, aged about 20 years, male, SON OF INARDEO YADAV 5.

PALAKDHARI YADAV, aged about 72 years, male, SON OF LATE KHIRU YADAV All are R/O VILLAGE- KATHBAZARA, P.S.- JHAJHA, DISTRICTJAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act.

Informant has alleged in his written complaint that on 19.12.2020, while he was in his house, FIR named accused including the petitioner tried to erect a wall over his share of

Patna High Court CR. MISC. No.33015 of 2021(2) dt.26-10-2021 2/2 land which was protested by him, upon which accused, Shyamdev Yadav instigated to kill informant side and there is allegation against accused Nandu Yadav of hurling bomb over the father of the informant, however, it did not hit his father. It is submitted on behalf of the learned counsel for the petitioners that petitioners are innocent and they have been falsely implicated in this case on account of land dispute between the parties. It is further submitted that all the family members have been made accused. No one has suffered any injury. Petitioners have no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jhajha P.S. Case No.440 of 2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) Sanjay/- U T