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Patna High CourtCR. MISC./14331/2017bail granted

Bidyanand Yadav @ Bidhanand Yadav And ORS v. The State Of Bihar

2017-05-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14331 of 2017 Arising Out of PS.Case No. -340 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Bidyanand Yadav @ Bidhanand Yadav, Son of Late Gangadhar Yadav,

2. Jai Kumar Yadav, Son of Late Bindeshri Yadav,

3. Amlesh Kumar Yadav @ Amlesh Yadav Son of Baleshwar Yadav,

4. Baleshwar Yadav Son of Late Gangadhar Yadav,

5. Sanjay Yadav Son of Shivdhari Yadav,

6. Rajdeep Yadav Son of Gulabchand Yadav, All are Residents of VillageKathara, P.S.- Chhatapur, District- Supaul. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sunil Kumar Singh For the Opposite Party : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Supplementary affidavit has been filed on behalf of the petitioners annexing the injury reports of the petitioner's side. Let it be kept on the record.

Heard the learned counsel for the petitioners, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Chhatapur P.S. Case No. 340 of 2016 for the offences punishable under sections 147, 148, 149, 342, 323, 324, 307, 354, 379, 504 and 506 of the I.P.C. Allegedly, for the land dispute 18 named accused persons including the petitioners committed assault, damaged the

Patna High Court Cr.Misc. No.14331 of 2017 (2) dt.10-05-2017 2/2 crops as well as committed theft.

Submission is of false implication and that there is general and omnibus allegation, there is no specific allegation against the petitioner, similarly situated co-accused Ganga Yadav @ Ganga Prasad Yadav and five others have been allowed prearrest bail vide Cr. Misc. No. 19895 of 2017 and as such the petitioners also deserve sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioners by submitting that grievous injury has been found on three persons.

In the facts and circumstances as stated above, considering that similarly situated co-accused have been allowed pre-arrest bail vide Cr. Misc. No. 19895 of 2017 by the coordinate Bench of this Court and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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. C.J.M. Supaul in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T