Narayan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79149 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- BELHAR District- Banka ======================================================

1. Narayan Yadav Son of Moti Yadav,

2. Ramu Yadav Son of Late Bhairo Yadav,

3. Sikandar Yadav Son of Late Bhairo Yadav All are Resident of Village - Kairajor, P.S. - Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Jha For the Opposite Party/s :

Mr.Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioners apprehend their arrest in Belhar P.S. Case No.4 of 2018 registered under Sections 307, 379 and other Sections of the Indian Penal Code.

The informant alleged that the petitioners and Upendra Yadav came and started constructing hut on his land. When the informant objected, Narayan Yadav, petitioner No.1 assaulted him with khanti. Upendra Yadav assaulted him with Tengari and Ramu Yadav and Sikandar Yadav, petitioner Nos.2 and 3 assaulted him with lathi.

The learned counsel for the petitioners submits that two injuries were found on the head of the informant. Both the injuries are superficial and simple in nature. One injury was

Patna High Court Cr.Misc. No.79149 of 2018(2) dt.25-01-2019 2/2 found on knee joint. The occurrence took place on account of land dispute.

Learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that petitioner No.1 has got criminal antecedent.

It appears that occurrence took place on account of land dispute and the injuries found on the person of the informant appears to be superficial and simple in nature. The fact shows that there was some scuffle and assault on account of land dispute.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No.4 of 2018(G.R. No.80 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T