Baleshwar Yadav @ Baleshar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39330 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. BALESHWAR YADAV @ BALESHAR YADAV Son of Sunder Yadav

2. Sunder Yadav Son of Ram Sharan Yadav

3. Kedar Yadav Son of Late Banwari Yadav

4. Sanjay Yadav Son of Kedar Yadav

5. Ajay Yadav Son of Kedar Yadav All are resident of village-Manjhar, P.S.-Neemchak Bathani, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2016 Heard both sides.

The petitioners apprehend their arrest in Neemchak Bathani P.S. Case No. 128/2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that when he was getting measured his land by the Amin, the petitioners came and tried to put a ridge on his land. On protest, the petitioners are alleged to have assaulted the informant, his brother Jalandhar Yadav and nephew Vikash Kumar.

Learned counsel for the petitioners submits that there is

Patna High Court Cr.Misc. No.39330 of 2016 (3) dt.17-10-2016 2/2 a counter version being Neemchak Bathani P.S. Case no. 129/2015. Kedar Yadav, petitioner no. 3 is the informant of the case. There is a land dispute between the both sides and that is why some mutual scuffle took place. The informant and others got simple injuries. Similarly, the petitioner Kedar Yadav and his son also sustained injuries.

Considering the facts aforesaid and the fact that on account of land dispute there is a case and counter case and both sides got injuries, 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/production of a copy of this order, are directed to 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 learned Chief Judicial Magistrate, Gaya, in connection with Neemchak Bathani P.S. Case No. 128/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T