Rajan Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.303 of 2015 (4) dt.09-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.303 of 2015 Arising Out of PS.Case No. -288 Year- 2014 Thana -BAGAHA District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Rajan Yadav son of Shambhu Yadav

2. Shambhu Yadav son of Banwari Yadav

3. Pramod Yadav son of Sudama Yadav

4. Gobind Yadav son of Sukai Yadav

5. Subodh Yadav @ Sipahi Yadav son of Gobind Yadav

6. Lal Babu Yadav son of Jagnnath Yadav

7. Hira Yadav @ Hiralal Yadav son of Bagar Yadav

8. Chhabilal Yadav @ Chhabila Yadav son of late Bagar Yadav .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

At the very outset, learned counsel for the petitioners submits that petitioner no. 5 does not want to press his prayer for anticipatory bail and, therefore, he should be permitted to withdraw his prayer. Accordingly, prayer for anticipatory bail of petitioner no. 5, namely, Subodh Yadav @ Sipahi Yadav stands dismissed as withdrawn.

So far as rest petitioners are concerned, it is

Patna High Court Cr.Misc. No.303 of 2015 (4) dt.09-02-2015 submitted on their behalf that no specific overt-act has been attributed against them and having more serious allegation, coaccused, Mannu Yadav has already been admitted to anticipatory bail by a Bench of this Court vide order dated 21.01.2015 passed in Cr. Misc. No. 2707 of 2015. It is further contended by him that there is serious land dispute between the parties and moreover, prior to institution of this first information report, the informant has lodged several cases against the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties, all the above named petitioners except petitioner no.

5, 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) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran in Bagaha P.S. Case No. 288 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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