Gabbar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50310 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- BIHAR District- Nalanda ====================================================== 1.

GABBAR YADAV S/o Ramnandan Yadav Resident of village - Banaulia, P.s. - Bihar, Disttt.- Nalanda.

2.

Pappu Yadav S/o Kunj Bihari Yadav Resident of village - Banaulia, P.s. - Bihar, Disttt.- Nalanda.

3.

Jhag Yadav S/o Rajeshwar Yadav Resident of village - Banaulia, P.s. - Bihar, Disttt.- Nalanda.

4.

Dinesh Yadav S/o Rajeshwar Yadav Resident of village - Banaulia, P.s. - Bihar, Disttt.- Nalanda.

5.

Dharmraj Yadav @ Dharmvir Yadav S/o Kunj Bihari Yadav Resident of village - Banaulia, P.s. - Bihar, Disttt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Bihar P.S. Case No. 140 of 2022 registered for offence punishable under sections 147, 148, 149, 188, 323, 337, 504 of the Indian Penal Code and section 27 of the Arms Act.

The informant of this case is S.H.O. A prohibitory order

Patna High Court CR. MISC. No.50310 of 2022(2) dt.16-01-2023 2/2 under Section 144 of the Code of Criminal Procedure, 1973 was promulgated on the land in dispute as two groups were fighting over their land. Having seen the police party, they fled away and upper portion of one blank cartridge was recovered from the place of occurrence.

The learned counsel for the petitioners has submitted that the petitioners are the persons of clean antecedents and nothing was recovered from their possession and none had sustained any kind of injury.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Bihar P.S. Case No. 140 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) Mahesh/- U T