Kameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40652 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Kameshwar Yadav S/O Late Ram Lakhan Yadav R/O Village-Selra, P.S.- JAINAGAR, District-Madhubani 2.

Juro Yadav @ Juri Yadav S/O Lakhan Yadav R/O Village-Selra, P.S.- JAINAGAR, District-Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ratanakar Jha, Advocate For the State :

Mr.Nand Kishore Prasad, APP For the informant :

Mr.Vijay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Further, counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the main bail application in course of the day.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 341, 448, 379, 307, 427, 324, 354(B), 436, 504, 506 of the Indian Penal Code. Prosecution case, in short, is that in the backdrop of

Patna High Court CR. MISC. No.40652 of 2021(2) dt.11-04-2022 2/3 land dispute, an altercation took place and the accused persons including the petitioners having armed with deadly weapons came and assaulted the informant and his family members, due to which they sustained grievous injuries and they also took a golden chain and a mobile from the daughter-in-law of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is admitted land dispute between the parties. Prior to institution of the present case, a case was instituted by the petitioners side against the informant and others of the present case. The present case is nothing but a counter blast to the case filed by petitioners' side.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.40652 of 2021(2) dt.11-04-2022 3/3 bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani in connection with Jaynagar P.S. case No.169/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T