Ram Niwas Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50749 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Ram Niwas Yadav,

2. Arun Yadav Both Sons of Madan Yadav,

3. Makeshwar Yadav Son of Lakhan Yadav,

4. Buchchi Yadav, Son of Ramchandra Yadav, All R/o Village- Sehma, P.S.- Bithan, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Bithan P.S. Case No. 33 of 2016 instituted for the offence under Sections-307, 325 & other minor Sections of the Indian Penal Code.

It has been submitted that both parties are Pattidars. The occurrence has taken place due to land dispute. There is allegation that all these petitioners and other accused came at Darwaza of the informant and assaulted the informant and his cousin brother. The injury reports of both injured have been annexed as Annexure-2 to this petition wherein the doctor has found injuries to be simple in nature.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.50749 of 2017 (4) dt.14-11-2017 2/2 of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Bithan P.S. Case No. 33 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Rosera, Samastipur subject to condition as laid down u/S 438(2) of the 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 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) A.K.V./- U T