Rabindra Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11092 of 2018 (2) dt.26-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11092 of 2018 Arising Out of PS.Case No. -258 Year- 2017 Thana -SONO District- JAMUI ======================================================

1. Rabindra Yadav.

2. Rajesh Yadav.

3. Rajdeo Yadav, all sons of Arjun Yadav.

4. Arjun Yadav, son of late Bengali Yadav.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-02-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Sono P.S. Case No. 258 of 2017, registered under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. The accusation is that on seeing the elder brother of the informant, Baban Yadav, four persons named in the F.I.R. including the petitioners started to abuse saying that why the house has been constructed over their land. When his elder brother made protest then all started to cause injury to him through fist and slaps. On raising alarm, Sonu Kumar, younger brother of the informant, rushed to save him then petitioner no. 1 Rabindra Yadav, caused injury at the head of informant. In the meantime,

Patna High Court Cr.Misc. No.11092 of 2018 (2) dt.26-02-2018 petitioner nos. 2 and 3 also caused injury to his younger brother, Sonu Kumar.

Learned counsel for the petitioners submits that, in fact, occurrence took place due to land dispute, regarding which, Sono P.S. Case No. 257 of 2017 is also instituted on the basis of written report of petitioner no. 1. Moreover, the injuries as found on the person of the informant and his brothers are simple in nature and petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 258 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T