Mathura Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30771 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30771 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -KURTHA District- JEHANABAD ======================================================

1. Mathura Yadav, Son of Late Bhikha Yadav.

2. Binod Yadav, Son of Mathura Yadav.

3. Santosh Kumar, Son of Devendra Yadav, All are resident of Village Mushahari, P.S. Kurtha (Manikpur O.P.) District- Arwal. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-07-2017 Heard both sides.

The petitioners are apprehending arrest in connection with Kurtha (Manikpur O.P.) P.S. Case no. 76 of 2017 registered for the offence under Sections 147, 149, 341, 323, 504, 307/34 of the Indian Penal Code.

The petitioners and the informant of this case are co-sharer litigating for partition of landed property. A Panchayati was convened where the parties were not willing to accept the decision of Panchayat and on the date of occurrence, both parties indulged in scuffle for which a case and a counter case were lodged. From the side of the petitioners altogether four persons sustained injuries out of them petitioner no. 1 sustained grievous injuries. From the

Patna High Court Cr.Misc. No.30771 of 2017 (2) dt.07-07-2017 side of informant also one person sustained grievous injuries which is fracture of hand. The allegation of assault is not specific against any of the petitioners rather omnibus against altogether eight persons named in the First Informant Report. In the facts and circumstances of the case, the anticipatory bail prayer of the petitioner is allowed. The petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kurtha (Manikpur O.P.) P.S. Case no. 76 of 2017, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure (Sanjay Kumar, J) rohit/- U T