Arvind Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4191 of 2015 Arising Out of PS.Case No. -336 Year- 2014 Thana -MASAURHI District- PATNA ======================================================
1. Arvind Yadav S/o Satyendra Yadav @ Sadhu Yadav
2. Vikash Yadav, S/o Yogendra Yadav
3. Tilu Yadav S/o Vineshwar Yadav
4. Vineshwar Yadav @ Vindeshwar Yadav S/o Late Ramvaran Yadav
5. Rakesh Kumar, S/o Satan Yadav, All residents of Nandaul Math, P.S. - Masaurhi, District - Patna.
6. Natu Chand, Son of Late Ravindra Prasad, Resident of Village - Duhara, P.S. - Dhanarua, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray, Advocate. For the Opposite Party/s : Mr. R.B.S.Pahepuri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.
The petitioners apprehend their arrest in Masaurhi P.S. Case No. 336 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that informant and others are looking after the property of Md. Kalamuddin Ansari. 14 persons named in the FIR along with others armed with different weapons came and started pelting stones. When the informant came out of the house somebody fired which hit in the shoulder of the informant. Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.4191 of 2015 (2) dt.03-02-2015 petitioners are innocent and they have in fact committed no offence. Title Suit No. 145 of 1996 is still pending in the court of Sub-Judge 8 Patna. During the course of investigation, it has come that the petitioners were members of the mob. One Yogendra Yadav @ Kirani is said to have fired which hit Ramesh Yadav. The injury found on the shoulder of Ramesh Yadav is simple.
Considering the facts that there is omnibus and general allegation against the petitioners and the occurrence took place on account of the land dispute, the petitioners, in the event of their arrest or surrender before the 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 bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 336 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T