Baloi Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.46799 of 2015 (3) dt.03-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46799 of 2015 Arising Out of PS.Case No. -139 Year- 2015 Thana -DELHA District- GAYA ======================================================
1. ARJUN YADAV Son of Late Tulsi Yadav Resident of Village - Barki Delha, Paraiya Road, P.s.- Delha, District - Gaya.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49646 of 2015 Arising Out of PS.Case No. -139 Year- 2015 Thana -DELHA District- GAYA ======================================================
1. Baloi Yadav Son of late Tulsi Yadav Resident of Village- Barki Delha, Paraiya Road, Police Station- Delha, District Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.46799 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Smt. Pushpa Sinha(App) (In Cr.Misc. No.49646 of 2015) For the Petitioner/s : Mr.
For the Opposite Party/s : Mr. S.D.Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 379, 467, 308, 504 and 34 of the Indian Penal Code.
The prosecution case, in short, is that one Manoj Kumar Yadav gave a fardbayan to the officer-in-charge alleging therein that when he was working in his field on 27.7.2015, the accused persons came there and all caught of him and assaulted. Thereafter he fell down on the land. It is further alleged that the accused
Patna High Court Cr.Misc. No.46799 of 2015 (3) dt.03-02-2016 persons pulled in a auto and took away him at the house of Baloi Yadav where the informant was told to sign on a blank piece of stamp paper otherwise he would be killed. He signed on the same without reading it. Arjun Yadav snatched golden chain and other accused forcibly took Rs.2500/- from his pocket. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have been falsely implicated due to admitted land dispute between the parties. There is no injury caused to any one in course of occurrence.
On behalf of the State, it is submitted that the petitioners are named in the first information report.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Jigar Shah, Judicial Magistrate, Ist Class, Gaya in connection with Delha P.S. Case No. 139 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. V.P.Sinha/- (Sudhir Singh, J) U