Shivjee Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33797 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana - KORANSARAI District- BUXAR =====================================

1. Shivjee Yadav,

2. Sribhagwan Yadav,

3. Kishori Yadav

4. Krishna Yadav All Sons of Sri Rajeshwar Yadav,

5. Kanhaiya Yadav S/o Nithali Yadav, All are R/o Vill + P.O.- Kanjarua, P.S.- Koran Sarai, District-Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avinash For the Opposite Party/s : Mr. Smt. Meena Singh ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-07-2018 The petitioners seek bail in anticipation of their arrest in connection with Koransarai P.S. Case No. 16 of 2018 dated 09.03.2018 instituted for the offences under Sections 147, 148, 149, 323, 504, 506, 307, 435, 427 of the Indian Penal Code and Section 27 of the Arms Act.

It has been alleged in the F.I.R that when the informant was having a plot of land belonging to him, fenced, the petitioners and others came and abused the informant. Some of the petitioners are also said to have opened fire for scaring away the informant and others. One Surendra Yadav, who is not the petitioner before this Court, is alleged to have set the thatched house of the informant on fire, leading to

Patna High Court Cr.Misc. No.33797 of 2018 (2) dt.05-07-2018 2/2 losses.

The learned counsel for the petitioners has submitted that there is a counter version of the occurrence as well. One of the family members of the petitioners has also lodged a case against the present informant vide Koransarai P.S. Case No. 15 of 2018. It has further been submitted that the land in question is in the name of the petitioner Nos. 1 to 4 which was purchased by them through a sale deed executed on 18.06.2016.

Considering the aforesaid dispute over the possession of the land and the fact that nobody was injured in the occurrence, even though firing was stated to be resorted to by the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Koransarai P.S. Case No. 16 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T