Kamdev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31280 of 2022 Arising Out of PS. Case No.-646 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
KAMDEV YADAV S/o Late Chhattu Yadav Resident of Village- Gangolade, P.O. and P.S.- Kahalgaon, District- Bhagalpur. 2.
Kallu Yadav @ Kailash Yadav @ Kailash Kumar Yadav S/o Kamdev Yadav Resident of Village- Gangolade, P.O. and P.S.- Kahalgaon, DistrictBhagalpur. 3.
Yugal Yadav @ Sudarshan Kumar S/o Kamdev Yadav Resident of VillageGangolade, P.O. and P.S.- Kahalgaon, District- Bhagalpur. 4.
Sunny Yadav @ Sunny Kumar S/o Kamdev Yadav Resident of VillageGangolade, P.O. and P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandrasekhar Sharma, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 504 and 354 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that he has a land adjacent to the house of Kailash Yadav and Kailash Yadav wants to grab the said land, for which there is a dispute, it is next alleged that on 23.09.2021 at about 10:00
Patna High Court CR. MISC. No.31280 of 2022(2) dt.22-11-2022 2/3 PM, Kamdev Yadav and Kallu Yadav came and started abusing, to which the informant protested, thereafter Yugal Yadav, Sunny Yadav and two other named accused persons hurled abuses on him and when his wife and daughter-in-law intervened the accused persons assaulted them. Further, on alarm when people gathered, they fled.
Learned counsel for the petitioners submits that from perusal of allegation as alleged in the FIR, it would manifest that the alleged occurrence is said to have taken place on account of dispute relating to land, it is further submitted that even the allegations of assault and abuse are general and omnibus in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.31280 of 2022(2) dt.22-11-2022 3/3 Kahalgaon P.S. Case No. 646 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T