Suresh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15035 of 2018 Arising Out of PS.Case No. -215 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Suresh Yadav, Son of Mauji Yadav,

2. Mauji Yadav, Son of Late Tetar Yadav,

3. Nakul Yadav Son of Mauji Yadav,

4. Mahesh Yadav, Son of Mauji Yadav,

5. Chhotan Yadav, Son of Mauji Yadav, All are resident of Village- Maluwadi, P.S.- Kawakole, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 10-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend arrest in connection with Kawakole Police Station Case No. 215 of 2017 registered for the offences punishable under sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

It has been submitted that the petitioners are agnates of informant and for cultivating the land, the occurrence of assault took place. In the said occurrence, the petitioners allegedly assaulted the informant and his family members by different types of sharp cut weapons, but the doctor has not found any sharp cut injury which is apparent from the impugned order. The allegation of assault is omnibus

Patna High Court Cr.Misc. No.15035 of 2018 (2) dt.10-04-2018 2/2 and the parties are at litigating term for land dispute. The petitioners have clean antecedent and so they deserve anticipatory bail. The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the nature of allegation, facts and circumstances of the case, 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 Additional Chief Judicial Magistrate-IV, Nawada in connection with Kawakole Police Station Case No. 215 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is 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