Batan @ Batan Yadav @ Babu Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35185 of 2019 Arising Out of PS. Case No.-210 Year-2018 Thana- BELHAR District- Banka ====================================================== 1.

BATAN @ BATAN YADAV @ BABU LAL YADAV, Male, aged about 40 years, Son of Suraj Yadav, Resident of village- Bela, Police Station- Belhar, District- Banka.

2.

Golu Yadav @ Gulabi Yadav, Male, aged about 38 years, Son of Suraj Yadav, Resident of village- Bela, Police Station- Belhar, District- Banka. 3.

Chhhotu Yadav, Male, aged about 36 years, son of Suraj Yadav, Resident of village- Bela, Police Station- Belhar, District- Banka. 4.

Wakil Yadav @ Anil Yadav, Male, aged about 34 years, Son of Suraj Yadav, Resident of village- Bela, Police Station- Belhar, District- Banka. 5.

Mahesh Yadav, Male, aged about 39 years, S/O Vasudev Yadav, Resident of village- Bela, Police Station- Belhar, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 308, 504 and 34 of the Indian Penal Code. The prosecution case in short is that the informant was fixing Khunta on his land for tieing his cattle and petitioner no.1 raised objection to fix the Khunta due to which altercation took place between the parties and all the accused persons

Patna High Court CR. MISC. No.35185 of 2019(2) dt.29-05-2019 2/2 assaulted the informant.

The contention of the petitioners is that admittedly there is a land dispute between the parties. There is case and counter case between the parties. Both sides sustained injuries. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the 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 learned Additional Chief Judicial Magistrate XIII, Banka/successor Court in connection with Belhar P.S. Case No. 210 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T