Lalan Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7047 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Lalan Yadav,

2. Sajani Yadav, Both sons of Naresh Yadav,

3. Kamal Yadav, S/o Suresh Yadav, All residents of Village- Pahal Bigha, P.S. Kako, District Jahanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 325, 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the informant being the agnate of the petitioners made protest for taking out

Patna High Court Cr.Misc. No.7047 of 2016 (2) dt.16-02-2016 2/3 projection of the under construction house towards the land of the informant, co-accused Nawal Yadav caused firearm injury on the left thigh of the brother of the informant, Parmanand Yadav whereas co-accused Kamlesh Yadav assaulted with iron rod to the nephew of the informant, Nitish Kumar causing fracture of hand.

It is submitted by learned counsel for the petitioners that due to the land dispute the accusation has been levelled. The petitioners are agnates of the informant and specific accusation of causing firearm injury and making assault with iron rod is against co-accused Nawal Yadav and Kamlesh Yadav. Though, the injury was caused in the left thigh but subsequently Parmanand Yadav succumbed to the injuries. Considering the fact that the specific overt act has not been alleged against the petitioners coupled with the statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad

Patna High Court Cr.Misc. No.7047 of 2016 (2) dt.16-02-2016 3/3 in connection with Kako P.S. Case No. 202 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T