Dhanesh Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48274 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -KATEYA District- GOPALGANJ ======================================================

1. Dhanesh Yadav, Son of Suryanath Yadav

2. Paras Yadav, Son of Hariyanand Yadav

3. Pankaj Yadav, Son of Shivji Yadav

4. Ajay Yadav, Son of Bhimal Yadav

5. Surya Nath Yadav Son of Kamla Yadav All are residents of Village - Kukurbhuka, P.S.-Kateya, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. P.N.Pandit (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-01-2016 At the outset, learned counsel for the petitioners submits that Petitioner No.2 Paras Yadav has been taken into custody and, therefore, this application, as against him, has become infructuous.

This application on behalf of Petitioner No.2 Paras Yadav is, accordingly, dismissed as infructuous. Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The Petitioner Nos.1, 3, 4 and 5 are apprehending their arrest in connection with Kateya P.S. Case No.101 of 2015 for allegedly having committed the offences under Sections 341, 323, 324, 307, 379, 427 and 504/34 of the Indian

Patna High Court Cr.Misc. No.48274 of 2015 (2) dt.29-01-2016 2/2 Penal Code.

Learned counsel for the petitioners submits that though the petitioners are named in the F.I.R., the present altercation took place on account of land dispute. The petitioners and the informant are agnates and there is case and counter case. So far as these petitioners are concerned, there is no specific allegation against them.

Considering the above facts and circumstances and that the petitioners are said to have not committed any overt act, let Petitioner Nos.1, 3, 4 and 5, namely, Dhanesh Yadav, Pankaj Yadav, Ajay Yadav and Surya Nath Yadav, respectively, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Gopalganj, in connection with Kateya P.S. Case No.101 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T