Binod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25908 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -ALIPUR District- GAYA ======================================================

1. Binod Yadav S/o late Moti Yadav

2. Darshan Yadav S/o Ramratan Yadav

3. Rajeshwar Ydav S/o late Sri Yadav All Resident of Village- Urr Bishunpur Tola, Mangara Bigha, PS Alipur, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2016 Heard the learned counsel for the petitioners and the APP for the State.

The three petitioners herein have been named in the FIR vide Alipur P.S. Case No. 9 of 2016 registered under section 307 IPC. Apprehending their arrest in connection with the said police station case, the anticipatory bail application has been filed. On going through the FIR, it appears that owing to a dispute relating to irrigation of land, the alleged occurrence had taken place in which the allegation is that obstruction put up by the informant enraged the accused persons and one of them namely Rampravesh Yadav inflicted Khanti blow on the head of the brother of the informant. There is general allegation of assault on him as well as the informant by others which includes

Patna High Court Cr.Misc. No.25908 of 2016 (2) dt.01-07-2016 2/2 the petitioner.

It has been submitted with reference to the injury report of the brother of the informant that he received one grievous injury on his head which is attributed to another co-accused. Other injuries sustained by the informant and his brother have been found simple in nature.

Learned APP opposed the prayer and submitted that the accused(s) are named in the FIR.

Considering the facts and circumstances of the case, the petitioners named above, in the event of arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction learned ACJM-VI, Gaya in connection with Alipur P.S. Case No. 09/2016 on condition that one of the bailors of each of the petitioners shall be their own/close family members. They shall appear in person on each date fixed at trial. In case of default on two consecutive dates, their bail bonds shall stand cancelled.

(Kishore Kumar Mandal, J) HR/- U T