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Patna High CourtCR. MISC./48646/2019bail granted

Chit Narayan Yadav v. The State Of Bihar

2019-08-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48646 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- GWALPARA District- Madhepura ====================================================== 1.

CHIT NARAYAN YADAV, aged about 63 years, Male, Son of Late Surya Narayan Yadav 2.

Netajee @ Rajnish Kumar, aged about 20 years, Male, Son of Abhinandan @ Abhay Yadav 3.

Arun Yadav, aged about 50 years, Male, Son of Late Surya Narayan Yadav 4.

Nunua Yadav, aged about 18 years, Male, Son of Raj Kumar @ Bhuto Yadav 5.

Shashi Kumar, aged about 38 years, Male, Son of Janardan Yadav 6.

Sanjay Yadav, aged about 38 years, Male, Son of Durgi Yadav 7.

Mantu Yadav, aged about 37 years, Male, Son of Chit Narayan Yadav All Resident of Village - Jhiktiya, P.S.- Gwalpara (Arrar O.P.), DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2019 Heard both sides.

The petitioners apprehend their arrest in Gwalpara(Arrar O.P.) P.S. Case No.41 of 2019 registered under Sections 147, 148, 149, 341, 323, 379, 504, 506, 354(B) of the Indian Penal Code and Section 27 of the Arms Act. The informant named altogether 10 persons including the seven petitioners and alleged that they all came and made indiscriminate firing. It is further alleged that Raj Kumar Yadav @ Bhutto Yadav and Abhinandan Yadav forcibly entered into the house and took away Rs.25,000/- from the box and also

Patna High Court CR. MISC. No.48646 of 2019(2) dt.05-08-2019 2/2 assaulted the wife of the informant.

The learned counsel for the petitioners submits that there is a counter version being Gwalpara(Arrar O.P.) P.S. Case No.42 of 2019. The occurrence took place due to land dispute. Nobody was injured. Both the sides made allegation against the other side. They entered into their house and assaulted the inmates of the house.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that both the sides are on inimical term and they are litigating from before, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Udakishunganj, Madhepura in connection with Gwalpara(Arrar O.P.) P.S. Case No.41 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T