Bijendra Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.52659 of 2017 (5) dt.21-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52659 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -KOPA District- SARAN ======================================================

1. Dilip Kumar Yadav, Son of Sawaliya Yadav.

2. Lallu Kumar Yadav @ Lalu Kr. Yadav. Son of Bijendra Yadav.

3. Laddu Kumar Yadav @ Laddu Yadav, Son of Sawaliya Yadav, All residents of Village- Anwal Dewariya, P.S. Kopa, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51935 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -KOPA District- SARAN ======================================================

1. BIJENDRA YADAV, S/o Late Rama Shankar Rai,

2. Krishna Yadav S/o Harendra Yadav, Both R/o Village- Anwal Dewariya, P.S.- Kopa , District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.52659 of 2017) For the Petitioner/s : Mr. Basant Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad (In Cr.Misc. No.51935 of 2017) For the Petitioner/s : Mr. Basant Kumar Singh For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kopa Police Station Case No. 61 of 2017, disclosing offences under Sections 147, 148, 448, 323, 341, 324, 379, 307 and 504 of the Indian Penal Code.

Patna High Court Cr.Misc. No.52659 of 2017 (5) dt.21-12-2017 Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is land dispute between the parties and on account of that altercation took place between them and case and counter case have been lodged by both the parties, which is evident from annexure-2 to the supplementary affidavit filed by the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Additional Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Kopa Police Station Case No. 61 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T