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Patna High CourtCR. MISC./19633/2015bail granted

Wakil Yadav And ORS. v. State Of Bihar And ANR

2015-04-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19633 of 2015 Arising Out of PS.Case No. -1500 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Wakil Yadav. Son of Sri Shiv Das Yadav.

2. Arun Yadav. Son of Wakil Yadav.

3. Jajwahir Yadav.

4. Anil Yadav. Boths sons are Sigasan Yadav.

5. Kameshwar Singh.

6. Bacha Muni. Both are sons of Sri Shiv Bachan Yadav. All are resident of village - Onvar, P.S.- Rajpur, Distt.- Buxar.

7. Sumer Yadav.

8. Shobh Nath Yadav.

9. Hira Man Yadav.

10. Ravi Yadav. All sons of Shiv Belash Yadav. R/o village - Kushi, P.S.- Rajpur, Distt.- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prem Prakash Pandey. Son of Sri Sudarsan Pandey. R/o village - Kushhi, P.S.- Rajpur, Distt.- Buxar and at present address New Colony Tilkapur Ashapur Varaushia.

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

It is alleged that the petitioners harvested the wheat crop from the land for which Kavindra Nath Pandey was

Patna High Court Cr.Misc. No.19633 of 2015 (2) dt.29-04-2015 2/2 appointed as receiver and the receiver gave the land for cultivation to witness no.2 of the complaint and the crop was kept at the door of petitioner no.1.

It is submitted by learned counsel for the petitioners that Title Suit No. 150 of 2015 is pending between the parties and the present complaint has been filed with delay when petitioners' side lodged the case on 09.07.2014 bearing Dhansoi P.S. Case No.87 of 2014 levelling accusation under section 379 of the Indian Penal Code against the complainant and others. Considering the nature of accusation in the background of serious land dispute, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Complaint Case No.500 C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T