Laldeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40996 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -HALSI District- LAKHISARAI ======================================================

1. Laldeo Yadav S/o Dhaneshwar Yadav

2. Pravesh Yadav @ Rampravesh Kumar S/o Laldeo Yadav

3. Sakli Devi W/o Laldeo Yadav

4. Pramila Devi W/o Pravesh Yadav @ Rampravesh Kumar All are Resident of Village-Ramnagar, P.S.- Halsi, District-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Halsi Police Station Case No. 89 of 2016, disclosing offences under Sections 341/323/307/354/ 452/380/504/34 of the Indian Penal Code.

A complaint case filed by the informant is the basis for registration of the present First Information Report, under Section 156(3) of the Code of Criminal Procedure, 1973.

Learned Counsel appearing on behalf of the petitioners has submitted that it is evident from the contents of the complaint petition that some dispute over

Patna High Court Cr.Misc. No.40996 of 2016 (2) dt.26-09-2016 2/3 share in immovable property between the parties is the reason behind filing of the complaint case and subsequent lodging of the First Information Report. According to him, there is no injury report to substantiate the allegations made in the complaint petition, which was filed on 18.04.2015. The First Information Report has been registered on 08.07.2016. In any event, he submits, considering the nature of dispute, no purpose would be served if the petitioners are taken into custody in the present case.

Having found substance in the submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Laldeo Yadav, Pravesh Yadav @ Rampravesh Kumar, Sakli Devi and Pramila Devi, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai, in connection with Halsi Police Station Case No. 89 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.40996 of 2016 (2) dt.26-09-2016 3/3 petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √