Sanoj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52237 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================

1. Sanoj Yadav, Son of Karelal Yadav,

2. Ram Manoj Yadav @ Ram Manoj Kumar , Son of Mogal Yadav,

3. Satyendra Yadav, Son of Mogal Yadav,

4. Ranveer Yadav, Son of Biko Yadav,

5. Babu Saheb Yadav, Son of Biko Yadav, All resident of Village- Bari Ballia, P.S.- Ballia, Distt- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. S.M. Rahman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Ballia P.S. Case No. 158 of 2017, registered for the offences punishable under Sections 147, 148, 149, 447, 323, 325, 307, 427 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case, there is no specific allegation against them, specific allegation is against other co-accused for assaulting and injuring the prosecution party. All the injuries on the person of all the injured are simple in nature,

Patna High Court Cr.Misc. No.52237 of 2017 (2) dt.09-11-2017 2/2 due to land dispute the occurrence has taken place. There is case and counter case. The prosecution party was aggressor and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that against the petitioners there is no specific allegation for assaulting anyone and, as such, the petitioners in the event 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 learned C.J.M. Begusarai, in connection with Ballia P.S. Case No. 158 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T