Sadhu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3851 of 2018 Arising Out of PS. Case No.-245 Year-2017 Thana- HISUWA District- Nawada ======================================================

1. Manish Yadav @ Manish Prasad son of Late Keshav Yadav

2. Balak Yadav @ Shivbalak Yadav son of Chutari Yadav,

3. Umesh Yadav @ Umesh Prasad Yadav son of Bharthu Yadav

4. Kamlesh Yadav @ Kamlesh Prasad son of Bishun Yadav All are Resident of Village- Khanpur, P.S. Hishua, District- Nawada. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== with Criminal Appeal (SJ) No. 3920 of 2018 Arising Out of PS. Case No.-245 Year-2017 Thana- HISUWA District- Nawada ======================================================

1. Sadhu Yadav Son of Nepali Yadav

2. Subodh Yadav Son of Jagdish Yadav

3. Ramjatan Yadav @ Ramjatan Kumar Son of Sadhu Yadav

4. Arjun Yadav Son of late Rup Chand Yadav

5. Baldeo Yadav, Son of Chutan Yadav All are Resident of Village- Khanpur, P.S. Hishua, District- Nawada.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

(In Criminal Appeal (SJ) No. 3851 of 2018) For the Appellant/s :

Mr.Rakesh Kumar Shrivastava For the Respondent/s :

Mr.Binay Krishna (In Criminal Appeal (SJ) No. 3920 of 2018) For the Appellant/s :

Mr.Rakesh Kumar Shrivastava For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Both the aforesaid two Cr. Appeals arise out of one police station case number. As such, they have been heard together and are being disposed of with this common order.

Patna High Court CR. APP (SJ) No.3851 of 2018(5) dt.10-01-2019 2/3 Heard the parties.

The appellants seek pre-arrest bail in Hishua P.S.Case No.245 of 2017 registered under Sections 147, 148. 341, 326, 504, 506 of the I.P.C., Section 27 of the Arms Act and Section 3 (i) (r) of SC/ST Act.

Allegation as per the F.I.R. is that there is dispute with respect to cutting earth of gairmajarua land of the informant and others due to that there was pelting of stone and scuffle between the parties.

Submission of the learned counsel for the appellants is of false implication and there is case and counter case. Further submission is that injury report is not clear. Heard the learned Special P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the appellants in all the aforesaid three appeals in the event of their arrest or surrender before the learned court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1st. -cum-Special Judge, Nawada, in Hishua P.S.Case No.245 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and

Patna High Court CR. APP (SJ) No.3851 of 2018(5) dt.10-01-2019 3/3 bailors of the appellants will be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) aks/- U