Radhey Shyam Yadav @ Radheshyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32459 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

RADHEY SHYAM YADAV @ RADHESHYAM YADAV S/o Late Kuber Yadav R/o village- Bhewar, P.S.- Chand, District- Kaimur at Bhabua 2.

Uma Shankar Yadav @ Umashankar Yadav S/o Late Kuber Yadav R/o village- Bhewar, P.S.- Chand, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-02-2021 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Chand P.S. Case No. 78 of 2020 dated 02.07.2020 instituted for the offences under Sections 341, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The dispute appears to have arisen at the time of construction of road. The petitioners and others wanted the public road to be wider, which request was not acceded to. Hence the occurrence.

It has been argued on behalf of the petitioners that though they have been named in the FIR but there is no specific act of assault attributed to them.

Patna High Court CR. MISC. No.32459 of 2020(2) dt.17-02-2021 2/2 There is a counter version of the occurrence also and now after the soothing of the frayed tempers between the parties, the prosecution side has decided not to prosecute the petitioners any further. Considering the aforenoted submissions, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Kaimur at Bhabua in connection with Chand P.S. Case No. 78 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T