Mohan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32382 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Mohan Yadav

2. Balindra Yadav @ Balindra

3. Mahesh Kumar Yadav @ Mahesh Yadav @ Madresh Yadav All Sons of Late Vishwanath Yadav Residents of Village : Siswa Kodar, P.S. G.B.Nagar, District : Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341/ 323/324/307/379/504/506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that there is case and counter case between the parties and on the side of the petitioners, one Vishwanath Yadav, father of these petitioners, was injured in the said encounter and later on, he succumbed to his injuries at the Sadar Hospital, Siwan.

Learned counsel for the informant however, submits that the petitioners have attacked the informant and there are also serious injuries on his side. However, after considering the nature of

Patna High Court Cr.Misc. No.32382 of 2016 (2) dt.16-09-2016 P2/2 allegations made and that there is a history of land dispute between the parties, and no case under Section 307 of the Indian Penal Code is made out against these petitioners as there was no repetition of blows, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T