Shivayan Yadav @ Shyam Narain Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 28340 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Shivayan Yadav @ Shyam Narain Yadav S/o Ganauri Yadav
2. Sujit Yadav S/o Late Jagat Yadav
3. Kailu Yadav S/o Late Sadhu Yadav
4. Suryadeo Yadav S/o Late Sadhu Yadav
5. Rajendra Yadav S/o Ram Kishun Yadav All R/o village - Manipur, P.S. Islampur, Distt. - Nalanda .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mahesh Prasad Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
26-07-2016 Heard Sri Mahesh Prasad, learned counsel, who was assisted by Sri Rewti Kant Raman, learned counsel for petitioners and Sri Gauri Shankar Gupta, learned Addl. Public Prosecutor. Five petitioners, apprehending their arrest in Islampur P.S. Case No. 68 of 2016 registered for the offence under Sections 147, 148, 149, 341, 323, 325, 307 & 504 of the Indian Penal Code and Section 27 of the Arms Act, 1959, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for petitioners that in a land dispute, occurrence had taken place in between the parties and in the occurrence, petitioners' side had received injury
Patna High Court Cr.Misc. No.28340 of 2016 (2) dt.26-07-2016 2/2 and thereafter, on the basis of ferdbeyan of one Satyadeo Yadav, full brother of petitioner no. 1, an F.I.R., vide Islampur P.S. Case No. 67 of 2016 was registered on the same date, prior to lodging of the present F.I.R. He submits that in the case, entire family members have been made accused.
Learned Addl. Public Prosecutor has opposed the prayer for bail.
However, keeping in view the fact that there is case and counter case in between the parties and from the petitioners' side earlier an F.I.R. was lodged, in the event of arrest or surrender within a period of six weeks from today, let all the aforesaid petitioners namely 1. Shivayan Yadav @ Shyam Narain Yadav, 2, Sujit Yadav, 3. Kailu Yadav, 4. Suryadeo Yadav & 5. Rajendra Yadav be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa (Nalanda) in connection with Islampur P.S. Case No. 68 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T