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Patna High CourtCR. MISC./123/2018bail granted

Pradip Yadav And ANR v. The State Of Bihar

2018-01-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.123 of 2018 Arising Out of PS.Case No. -312 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Pradip Yadav, son of Late Panchu Yadav,

2. Piru Yadav, Son of Pradip Yadav, Both are resident of Village Prasadpur Police Station- K. Nagar, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioners apprehend their arrest in K. Nagar (Champanagar) P.S. Case No.312 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 379, 354, 504, 506 of the Indian Penal Code.

The informant, Bhola Yadav, named 8 persons including the petitioner, Pradip Yadav and Piru Yadav and alleged that they all entered into the house after breaking the thatched boundary of house and started taking away different articles. The son of the informant and daughter-in-law objected them, then all accused persons assaulted the brother and son of the informant causing injury on head.

The learned counsel for the petitioner submits that Rekha

Patna High Court Cr.Misc. No.123 of 2018 (2) dt.15-01-2018 2/2 Devi, wife of Ashok Yadav who is also named as accused as serial No.5 in K. Nagar (Champanagar) P.S. Case No.312 of 2017 lodged Case No.315 / 2017 against Bhola Yadav & Ors. and alleged that they all accused persons on account of land dispute assaulted the informant and her family members. It appears that no specific allegation of assault is made against the petitioner on account of land dispute, their appears to be case and counter case.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order are directed to be enlarged 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 C.J.M., Purnea in connection with K. Nagar (Champanagar) P.S. Case No.312 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.