Binda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26995 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- MASAUDHI District- Patna ====================================================== 1.

BINDA YADAV Son of Ramadhar Yadav Resident of Village - Keshawchak, P.S. - Masaurhi, District - Patna.

2.

Lavkush Kumar @ Ravi Yadav S/O Lala Yadav @ Lal Babu Prasad @ Lalbabu Singh Resident of Village - Keshawchak, P.S. - Masaurhi, District - Patna.

3.

Bhart Kumar @ Bhart Yadav S/O Malik Yadav Resident of Village - Keshawchak, P.S. - Masaurhi, District - Patna. 4.

Mantu Yadav S/O Ram Pyare Yadav Resident of Village - Keshawchak, P.S. - Masaurhi, District - Patna.

5.

Raja Yadav S/O Ramadhar Yadav Resident of Village - Keshawchak, P.S. - Masaurhi, District - Patna.

6.

Preman Yadav Son of Naukhalal Yadav Resident of Village - Keshawchak, P.S. - Masaurhi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the State :

Mr. Anand Mohan Prasad Mehta APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioners apprehend their arrest in connection with Masaurhi PS Case No 69 of 2020 instituted for the offence

Patna High Court CR. MISC. No.26995 of 2020(3) dt.19-01-2021 2/3 under Section(s) 147,148,149,323,337, 354B,307,427,504 and 385 of the Indian Penal Code.

The prosecution case is that eleven named persons including the petitioners and other accused persons whose names have not been disclosed, assembled for conducting puja on the 'Gairmajaruwa' land and on objection being raised by the informant, the informant and her daughter has been assaulted.

The petitioners counsel submits that due to a trivial dispute the FIR has been lodged on extraneous consideration. The investigation also does not corroborate the allegation as merely a simple injury has been found on the informant which is apparently occurred in the course of scuffle between the parties. The petitioners are having no criminal antecedents. The learned APP for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners before the court below, named above, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.26995 of 2020(3) dt.19-01-2021 3/3 amount each to the satisfaction of the SDJM Masaurhi at Patna, in connection with Masaurhi PS Case No 69 of 2020 , subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T