Bachan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5718 of 2015 Arising Out of PS.Case No. -197 Year- 2014 Thana -ATRI District- GAYA ======================================================

1. Bachan Yadav

2. Subodh Yadav @ Sibodh Kumar

3. Faresh Yadav @ Faresh Kumar &

4. Shambhu Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Atri P.S. Case No. 197 of 2014 registered for the offence under Sections-341, 323, 307 and 504/34 of the Indian Penal Code. The specific allegation of giving Khanti blow on the head of the informant is against co-accused Vijay Yadav, who is not the petitioner here. So far as petitioners are concerned; there is omnibus allegation of assault against them. The informant has sustained two lacerated wounds on his head and the opinion regarding the aforesaid injuries was given by the doctor as dangerous to life. Moreover, there is case and counter case between the parties and a Panchayati was also held between both

Patna High Court Cr.Misc. No.5718 of 2015 (2) dt.11-02-2015 2/2 the parties.

Considering the aforesaid facts and circumstances as well as submission of the parties, particularly, taking note of this fact that no specific overt act has been attributed against these petitioners and admittedly, the alleged occurrence took place on account of previous land dispute, petitioners, named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Atri P.S. Case No. 197 of 2014 to the satisfaction of Chief Judicial Magistrate, Gaya subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T