Bat Sah Yadav @ Badsah Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15165 of 2017 Arising Out of PS.Case No. -349 Year- 2016 Thana -NAUTAN District- WEST CHAMPARAN (BETTIAH) ======================================================
1. Bat Sah Yadav @ Badsah Yadav
2. Bishwanath Yadav
3. Suresh Yadav
4. Dhrub Yadav
5. Baru Yadav
6. Rameshwar Yadav All Sons of Gopal Yadav.
7. Rita Devi, W/o Bishwanath Yadav.
8. Dukhani Devi @ Suganti Devi, W/o Suresh Yadav, All Resident of Village- Shyampur Kathahan, P.S. Nautan, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Nath Jha, Advocate. For the State : Mr. Ram Bilash Roy Raman, A.P.P. For the informant : Mr. Binay Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Nautan P.S. Case No. 349 of 2016 instituted for the offence under Sections 341, 342, 323, 324, 307, 354, 379, 384 and 504/34 of the Indian Penal Code.
It is alleged that the petitioners assaulted the informant and one Paras Singh with lathi, danda and Garansa due
Patna High Court Cr.Misc. No.15165 of 2017 (3) dt.25-04-2017 2/3 to which informant sustained injuries in his stomach. The injury report of the informant and Paras Singh has been annexed as Annexures-2 and 2/A wherein the doctor has found simple injuries on the person of the informant caused by hard and blunt substance, except injuries No. 5 of Paras Nath caused by sharp edge substance which was simple in nature.
From the written report it appears that the occurrence took place on account of land dispute.
Counsel for the informant has appeared and opposed the prayer for anticipatory bail.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nautan P.S. Case No. 349 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on
Patna High Court Cr.Misc. No.15165 of 2017 (3) dt.25-04-2017 3/3 each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T