Vijay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17454 of 2017 Arising out of P.S. Case No. - 326 Year - 2016 Thana - NAUTAN District - WESTCHAMPARAN (BETTIAH) ======================================================

1. Vijay Yadav, S/o Heera Yadav,

2. Vyas Yadav @ Byas Yadav, S/o Heera Yadav,

3. Naween Yadav @ Naveen Yadav, S/o Nagina Yadav, All resident of Village - South Telhua, Kanta Tola, P.S. - Nautan, Dist. - West Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjeev Kumar, Advocate For the Opposite Party : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code. For land dispute, there is specific allegation against the petitioner no. 1 Vijay Yadav to have caused injury with farsa at the head of the informant. Allegation against other petitioners is general and omnibus of commission of assault. Submission of the petitioners is that the Doctor has found simple head injury caused by hard and blunt substance. There is case and counter case also.

Patna High Court Cr.Misc. No.17454 of 2017 (2) dt.13-04-2017 2/2 Considering the facts that petitioner no. 1 Vijay Yadav had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail. Hence, prayer for bail of the petitioner no. 1 is refused.

Let petitioner no. 2 Vyas Yadav @ Byas Yadav and petitioner no. 3 Naween Yadav @ Naveen Yadav, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran/successor Court in connection with Nautan Police Station Case No. 326 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner nos. 2 and 3 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner nos. 2 and 3. (Birendra Kumar, J) Kundan U T