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Patna High CourtCR. MISC./49533/2019bail granted

Dhananjay Yadav v. The State Of Bihar

2019-08-08Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49533 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

DHANANJAY YADAV Son of Chulo Yadav, Resident of Village-Bhadlay, Police Station-Maheshkhunt, District-Khagaria. 2.

Ratan Yadav Son of Yogi Yadav, Resident of Village-Bhadlay, Police Station-Maheshkhunt, District-Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bharat Bhushan For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Maheshkhunt P.S. Case No. 42 of 2019 registered for offence punishable under sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. Allegation has been made by the informant that the accused persons have surrounded the victim and Jogi Yadav gave an order to assault and snatch the money whereupon they have snatched the polythin which was containing the money and Chhotu Yadav has assaulted by farsa on the neck of the informant. Allegation against the petitioner is that he was

Patna High Court CR. MISC. No.49533 of 2019(2) dt.08-08-2019 2/2 involved in snatching the money.

The learned counsel for the petitioners submits that there is case and counter case from both sides, there is land dispute between the parties and there is no allegation of assault by the petitioners.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Khagaria in connection with Maheshkhunt P.S. Case No. 42 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

Mahesh/- (Shivaji Pandey, J) U T