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Patna High CourtCR. MISC./28596/2015bail granted

Hari Narayan Yadav And ORS. v. The State Of Bihar

2015-07-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28596 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Hari Narayan Yadav S/o Ramchandra Yadav

2. Ram Pravesh Sinha @ Pravesh Yadav S/o Hari Narayan Yadav

3. Gopal Singh S/o Hari Narayan Yadav

4. Shambhu Kumar Ram Pravesh Yadav

5. Rajesh Kumar @ Rakesh Yadav S/o Gopal Singh All are R/o Village - Dashrath Bigha (Hazipur Gola) Rafiganj, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Rafiganj Police Station Case No. 49 of 2015 registered for the offences punishable under Section 341, 323, 324, 325, 326, 307, 379/34 of the Indian Penal Code.

The accusation against the petitioners is that they assaulted the informant and others with different weapons causing injury to them.

The contention on behalf of the petitioners is that there is land dispute between the parties and both the parties lodged

Patna High Court Cr.Misc. No.28596 of 2015 (2) dt.24-07-2015 2/2 cases against each other. It is also contended on behalf of the petitioners that persons from both sides sustained injuries and moreover, the injured persons of this case have sustained simple injury.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Rafiganj Police Station Case No. 49 of 2015 Rafiganj Police Station Case No. 49 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C. subject to condition that if injury of any of the injured is found grievous in nature, the concerned court shall not accept the bail bonds of the petitioners.

(Hemant Kumar Srivastava, J) Namita/- U T