Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3642 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== 1.

VINOD YADAV Son of Late Mahavir Yadav Resident of Village - Phulout East , P.S. - Chousa, District - Madhepura.

2.

ABHAY YADAV Son of Sri Vinod Yadav Resident of Village - Phulout East , P.S. - Chousa, District - Madhepura.

3.

NIRBHRAY YADAV @ AMAN KUMAR Son of Vinod Yadav Resident of Village - Phulout East , P.S. - Chousa, District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivnandan Sah, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2021 Heard Mr. Shivnandan Sah, learned Advocate for the petitioners and Mr. Lakshmi Kant Sharma, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Chousa (Phulout O.P.) P.S. Case No. 101 of 2020 dated 23.04.2020 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation in the FIR is that one Kari Yadav is said to have opened fire which hit the informant. Leaned counsel for the petitioners has submitted that there is a land dispute between the

Patna High Court CR. MISC. No.3642 of 2021(2) dt.26-08-2021 2/2 parties. Though the petitioners have been named in the FIR but nothing specific has been attributed against them. There is a counter version of the occurrence as well. The parties are agnates.

It has further been submitted that there is no injury report on record and therefore, it does not find mention even in the impugned order.

Regard being had to the fact that the petitioners are not specifically stated to have been done anything and there is a land dispute between the parties, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chousa (Phulout O.P.) P.S. Case No. 101 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T