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Patna High CourtCR. MISC./28975/2016bail granted

Kailash Yadav And ANR v. The State Of Bihar

2016-07-25Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28975 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -KATORIA District- BANKA ======================================================

1. Kailash Yadav

2. Pitamber Yadav, both sons of Kinu Yadav, residents of VillageDukhansar, P.S- Katoria, District Banka. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections 341, 323, 324, 307, 506/34 of the Indian Penal Code and under Section 25(1-b)a, 26 and 27 of the Arms Act. First phase of occurrence is said to have taken place on 23.3.2016 and it is stated that petitioner no.1 assaulted the informant and after that informant went to police station and gave a written report, but again on 27.3.2016, petitioners came and opened fire but firing did not hit the informant. Submission on behalf of the petitioners is that there is nothing on the record to show that the informant lodged another

Patna High Court Cr.Misc. No.28975 of 2016 (2) dt.25-07-2016 2/2 case in respect of the occurrence which is said to have taken place on 23.3.2016. Moreover, the present case has been lodged by the informant on account of land dispute.

No doubt, petitioners do carry criminal antecedent of several cases but considering the facts and circumstances of the present case as well as submissions of the parties, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st, Banka in connection with Katoria (Jaipur) P.S. Case No.50 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T