Raju Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57050 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Raju Yadav, Son of Ghuran Yadav,

2. Pandit Yadav @ Ranjeet Yadav, S/o Ghuran Yadav,

3. Rohit Yadav, S/o Ram Sevak Yadav, All are resident of Village- Mujiyasi, P.S.- Ghogharsiha, DistrictMadhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Ghoghardiha P.S. Case No. 51 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code. It has been submitted that there is land dispute between the parties. There is specific allegation against co-accused Ram Sebak Yadav of assaulting father of the informant Sukhdev Thakur. The allegation against these petitioners is that they assaulted Durganand Thakur and Dev Nath Thakur when they came to save Sukhdeo Thakur. The Sessions Judge has mentioned about the injury report that one injury has been found on the person of the injured. From the Fardbeyan it appears that there is land dispute between the parties.

Patna High Court Cr.Misc. No.57050 of 2017 (2) dt.06-12-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Ghoghardiha P.S. Case No. 51 of 2016 corresponding to G.R. No. 797 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T