Parmeshwar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15288 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================
1. Parmeshwar Yadav, S/o Late Tilo Yadav @ Trilo Yadav,
2. Mantu Yadav
3. Santu Yadav Both are Sons of Parmeshwar Yadav, All are R/o village- Billo, P.S.- Ramgarhchowk, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suresh Singh For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend arrest in connection with Halsi (Ramgarh Chowk) Police Station Case No. 123 of 2017 registered for the offences punishable under sections 341, 323, 307, 354, 504, 506/34 of the Indian Penal Code.
Allegation as per written report is that these petitioners allegedly assaulted the informant and his family members by lathi and khanti.
It has been submitted that some scuffle took place between the parties for which the petitioner has filed a Complaint Case No. 715 of 2017 in the court of Chief Judicial Magistrate, Lakhisarai against the informant and his family members. The present case has been filed with false and fabricated allegation. The injuries allegedly sustained by the informant and his family members are simple in nature
Patna High Court Cr.Misc. No.15288 of 2018 (2) dt.09-04-2018 2/2 and no offence as alleged is made out. Both the parties are resident of same place.
The learned Additional Public Prosecutor on the other hand, opposed the submission.
Considering the nature of allegation, case and counter case as well as land dispute between the parties, the prayer of anticipatory bail is allowed and the petitioners above named, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Lakhisarai in connection with Halsi (Ramgarh Chowk) Police Station Case No. 123 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Sanjay Kumar, J) Mahesh/- U T