Ram Parikshan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64021 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- KHAJAULI District- Madhubani ======================================================

1. Ram Parikshan Yadav, aged about 45 years, Son of Late Shankar Singh,

2. Ram Sewak Yadav, aged about 55 years, Son of Late Shankar Singh,

3. Chhedi Yadav, aged about 75 years, Son of Late Hari Bhajan Yadav,

4. Kamlesh Yadav, aged about 25 years, Son of Late Dukhi Yadav, All are residents of Village- Ekdara, P.S.- Khajauli, DistrictMadhubani.

5. Bhulla Yadav, aged about 25 years, Son of Late Ram Sundar Yadav, resident of Vilage- Narar, Police Station- Kaluyahi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Khajauli P.S. Case No. 60 of 2018 dated 01.05.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

It has been alleged in the FIR that the informant, a retired teacher, saw one Upendra Yadav constructing a thatched shade touching the boundary-

Patna High Court Cr.Misc. No.64021 of 2018(2) dt.13-12-2018 2/3 wall of the informant. When he was forbade to do so, he abused the informant and later he was joined by others and they all assaulted the informant and his son and nephew by means of iron rod etc. Some of the accused persons are also alleged to have taken away personal belongings from Ajit Yadav worth Rs. 32000/-. Learned counsel appearing for the petitioners has submitted that as against petitioners no. 1, 2, 3 and 5 there is no allegation of any assault. So far as Kamlesh Yadav (petitioner no. 4) is concerned, he is alleged to have assaulted the informant. The petitioners are co-villagers and neighbours of the informant. There is a land dispute pending between the parties and there is a counter case also putting forth a different version of the occurrence.

Regard being had to the aforesaid facts as also the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Madhubani in connection with Khajauli P.S. Case No. 60

Patna High Court Cr.Misc. No.64021 of 2018(2) dt.13-12-2018 3/3 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T