Binod Yadav @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16833 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== 1.

BINOD YADAV @ BINOD KUMAR Son of Rambrichh Yadav Resident of Village - Koreya, P.S.- Fatehpur (Gurpa), District- Gaya 2.

Lakhan Yadav Son of Late Reva Yadav Resident of Village - Koreya, P.S.- Fatehpur (Gurpa), District- Gaya 3.

Guddu Yadav @ Guddu Kumar Son of Rambrichh Yadav Resident of Village - Koreya, P.S.- Fatehpur (Gurpa), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through virtual court proceedings.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code. Allegation in FIR is that when informant was working in his field along with his nephew all nine named person including the petitioners came there armed with lathi, danda, khanti, Garasa etc and assaulted the informant, his nephew, uncle by which they received serious injuries on their head and

Patna High Court CR. MISC. No.16833 of 2020(4) dt.06-10-2020 2/2 another party of the body.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. He submits that there is specific allegation against co-accused Santosh Kumar, Ram Briksh Yadav and Brajesh Yadav. He submits that there is no specific allegation against the petitioners. He submits that there is case and counter case between the parties. He further submits that petitioners have no criminal antecedent.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateX, Gaya in connection with Fatehpur (Gurpa OP) Police Station Case No. 260 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T