Daroga Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54842 of 2017 Arising Out of PS. Case No.-66 Year-2017 Thana- DHANAHA District- West Champaran ======================================================

1. Daroga Yadav, Son of Late Lalchand Yadav,

2. Bhatuman Yadav, Son of Srikant Yadav,

3. Tarkeshwar Yadav, Son of Vishwanath Yadav, All are resident of Village- Piparpatti, Ahir Toli, P.S. Dhanah, District- West Champaran.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. SRI AJAY KUMAR-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Dhanaha P. S. Case No. 66 of 2017 registered for the offences punishable under Sections 341, 323, 307, 379, 506/34 of the Indian Penal Code.

In the first information report against the petitioners and other co-accused there is allegation to damage the plinth and pillar of the informant whereas against Rajendra Yadav there is allegation to have assaulted the informant with spade and against Satyendra Yadav to have assaulted with iron rod to Sitaram Yadav and further there is allegation against Athura Yadav to have assaulted Nirmla with lathi and to have snatched her mangalsutra.

Patna High Court Cr.Misc. No.54842 of 2017(3) dt.11-01-2018 2/2 Submission is of false implication and that there is bonafide land dispute between the parties, against the petitioners there is no allegation for assaulting anyone and as such no offence under Section 307 IPC is made out against the petitioners and as such the petitioners deserve sympathetic consideration.

Learned APP fairly submits that against the petitioners there is no allegation for assaulting anyone. In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of 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, Bagaha, West Champaran in connection with Dhanaha P. S. Case No. 66 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T