Rambriksh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35074 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- PIPRIYA District- Lakhisarai ====================================================== 1.

RAMBRIKSH YADAV Son of Late Khelan Yadav Resident of VillagePiparia Diyara, P.S.- Piparia, District- Lakhisarai. 2.

Munna Yadav Son of Ramdeo Yadav Resident of Village- Piparia Diyara, P.S.- Piparia, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Piparia P.S. Case No. 5 of 2018 registered for the offences punishable under Sections 147, 148, 149, 379, 427, 384, 385, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are named in the FIR and there is allegation as per FIR is that altogether 25 accused persons, including the petitioners came to the field of the informant and cut the crops and on protest the petitioners and others, who came on horses along with rifles, made indiscriminate firing and further they demanded Rs.10,000/- from the informant as extortion.

Patna High Court CR. MISC. No.35074 of 2019(3) dt.23-08-2019 2/3 Submission of learned counsel for the petitioners is that there is land dispute between the parties as one co-accused has purchased some land in the same plot and informant does not want to allow them to cultivate the land and as such they have falsely been implicated and in support of his contention learned counsel has drawn my attention towards Annexure-2 series and further there is no allegation that anybody has received any firearm injury and they have no criminal antecedent.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that informant is widow and petitioners want to grab the land of informant.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Diwakar Kumar, Judicial Magistrate, 1st Class, Lakhisarai, in connection with Piparia P.S. Case No. 5 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient

Patna High Court CR. MISC. No.35074 of 2019(3) dt.23-08-2019 3/3 immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T