Murari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31043 of 2019 Arising Out of PS. Case No.-153 Year-2017 Thana- BACHHWARA District- Begusarai ====================================================== 1.
MURARI YADAV, aged about 37 years, Gender Male, Son of Jai Karan Yadav 2.
Jai Karan Yadav, aged about 70 years, Gender Male, Son of Late Shiv Nandan Yadav 3.
Dheeraj Yadav @ Dharmendra Yadav, aged about 28 years, Gender Male, Son of Ramanuj Yadav 4.
Lukho Yadav @ Raj Kumar @ Raj Kumar Yadav, aged about 26 years S/O Ramanuj Yadav Resident of Village - Narepur, Sharvan Tola Diyara, P.S.- Begusarai, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2019 Heard both sides.
The petitioners apprehend their arrest in Bachchwara P.S. Case No.153 of 2017 registered under Section 307 and other Sections of the Indian Penal Code.
The informant named the petitioners and alleged that while he was sowing potato in his field, the petitioners and other accused persons came. The accused persons were armed with different weapons. Ramdeo Yadav threatened the informant to kill merely because the informant had lodged a proceeding under Section 107 Cr.P.C. against the uncle of Ramdeo Yadav. It
Patna High Court CR. MISC. No.31043 of 2019(2) dt.10-05-2019 2/3 is further alleged that Ramanuj Yadav assaulted the informant with spade on left leg. When his son came to save, accused persons assaulted him. On the order of Jaikaran Yadav, Paras Yadav is said to have assaulted the informant with farsa on his neck.
The learned counsel for the petitioners submits that there is a land dispute between two sides. Petitioners are of course named in the F.I.R. but no specific allegation of assault is made against the petitioners. The informant got as many as five injuries but all the injuries are opined to be simple in nature. The son of the informant also got three injuries which are opined to be simple in nature.
Taking into consideration the fact that there appears to be land dispute between two sides and the fact that although the petitioners are named in the F.I.R. but no specific allegation of assault is made against the petitioners, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Begusarai in connection with Bachchwara P.S. Case No.153 of
Patna High Court CR. MISC. No.31043 of 2019(2) dt.10-05-2019 3/3 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T