Birendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38097 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Birendra Yadav S/o Late Khushi Lal Yadav,

2. Ram Pravesh Yadav S/o Birendra Yadav, Both Resident of villageCharne, P.s.- Chhatapur (Rajeshwari O.P.), District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chndra Thakur For the Opposite Party/s : Mr. Uday Chandra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,506,147,379 and 307/34 of the Indian Penal Code. The prosecution case is that the accused persons came variously armed and started constructing house on the land of the informant. When protest was being made, the informant was assaulted and snatched silver chain and cash of rupees two thousand five hundred from the informant.

It is submitted by the learned counsel for the petitioners that the petitioners are agnates of the informant. It is further submitted that only swelling and lacerated wound of marginal size

Patna High Court Cr.Misc. No.38097 of 2015 (3) dt.01-10-2015 2/2 were found on the person of the informant but no final injury report is available on record since the informant failed to get the X-Ray done as advised by the doctor. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the nature of accusation in the background of land dispute between the parties and the petitioners having no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Supaul in connection with Chhatapur P.S. Case No.18 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T