Dadan Yadav @ Dadan Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42112 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -SANDESH District- BHOJPUR ======================================================

1. Dadan Yadav @ Dadan Singh S/o Rampati Singh Resident of Village Rampur Pandura, Police Station Sandesh, District Bhojpur.

2. Jugeshwar Yadav @ Jugeshwar Singh @ Jugeshar Singh S/o Late Ram Prit Singh Resident of Village Dalelganj, Police Station Sandesh, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Makardhwaj Upadhyay, Advocate For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-10-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Dadan Yadav @ Dadan Singh and Jugeshwar Yadav @ Jugeshwar Singh @ Jugeshar Singh, who apprehend their arrest in Sandesh P.S. Case No. 103 of 2015 under Sections 147, 148, 149, 341, 323, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The allegation is that the informant i.e. maternalgrand-father of the petitioner no. 1 lodged the First Information Report, alleging that the petitioners abused and fired at him, which did not hit him. They also threatened to kill. The learned counsel for the petitioners submitted that there is land dispute between the parties and cases and

Patna High Court Cr.Misc. No.42112 of 2015 (2) dt.13-10-2015 counter cases are pending. For the same occurrence the petitioners have also lodged another case against the informant parties.

On the other hand, learned A.P.P. objected the prayer for anticipatory bail.

Considering the nature of allegation and the relationship between the parties and that there are cases and counter cases, I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioner on bail on furnishing bail bond of Rs. 5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Sandesh P.S. Case No. 103 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Mungeshwar Sahoo, J) P.K./- U T