Baij Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34156 of 2020 Arising Out of PS. Case No.-367 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Baij Nath Yadav Son of Late Makhan Yadav Resident of Village-Siswa Bhumihar, P.S. Yogapatti (Navalpur), District-West Champaran, Bettiah. 2.

Nathuni Yadav Son of Baij Nath Yadav Resident of Village-Siswa Bhumihar, P.S. Yogapatti (Navalpur), District-West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Mishra, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2021 Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 384, 386/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners by force of lathi, danda were filling soil on the land of the informant.

It has been submitted on behalf of the petitioners that the petitioner No.1 has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.34156 of 2020(2) dt.04-03-2021 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The matter relates to land dispute. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. Other co-accused has been granted anticipatory bail vide Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. case No.367 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T