Khakhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50957 of 2021 Arising Out of PS. Case No.-1039 Year-2020 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

KHAKHU YADAV S/o LATE RAMBHAJU YADAV VILLAGEBELATAND, P.S-LAXMIPUR, DISTRICT-JAMUI. 2.

URMILA DEVI W/o KHAKHU YADAV VILLAGE-BELATAND, P.SLAXMIPUR, DISTRICT-JAMUI. 3.

MAKHRI DEVI W/o LATE RAMBHAJU YADAV VILLAGEBELATAND, P.S-LAXMIPUR, DISTRICT-JAMUI. 4.

MINA DEVI W/o MUNNA YADAV VILLAGE-BELATAND, P.SLAXMIPUR, DISTRICT-JAMUI. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 447, 456, 457 & 427/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.50957 of 2021(2) dt.05-05-2022 2/3 When the complainant tried to raise some height of his shop all the petitioners in association of other co-accused are said to have abused him. Later on, while the complainant was sleeping in his shop, co-accused Sintu Yadav jumped into his house and put pistol over the complainant and forcibly opened the door of the shop and they looted away the articles of the shop.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, the complainant and the petitioners are own agnates and there is long standing land dispute between them. There is case and counter case between the parties. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.50957 of 2021(2) dt.05-05-2022 3/3 lower Court where the case is pending/successor Court in connection with Complaint Case No.1039C of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T