Jagdish Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61070 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Jagdish Yadav Son of Bhola Yadav

2. Jai Prakash Yadav Son of Jagdish Yadav Both residents of Village - Sirsiya, Police Station - Bithan, District - Samastipur.

3. Jiwachh Yadav Son of Jagdeo Yadav Resident of Village - Karanchi, Police Station - Bithan, District - Samastipur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-12-2017 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody, seeks bail in Bithan PS Case No. 125 of 2017 registered under Sections 147, 148, 149, 302, 307, 325, 341 and 504 of the IPC.

The allegation in brief is that due to land dispute Kamal Narayan Yadav, Chandrashekhar Yadav, Jay Jay Ram Yadav and Shiv Kumar Yadav badly assaulted Nathuni Yadav when he intervened causing injury as a result of which he succumbed to the injuries and died, later on all the accused persons assaulted Ram Chandra Yadav causing fracture in his left hand and also assaulted Mala Devi.

Learned Counsel for the petitioners submits that the petitioners have falsely been implicated due to land dispute and there is no specific allegation against these petitioners, specific allegation is against other co-accused namely Kamal Narayan Yadav, Chandrashekhar Yadav, Jay Jay Ram Yadav and Shiv Kumar Yadav. The petitioners have clean antecedent, except one case lodged under

Patna High Court Cr.Misc. No.61070 of 2017 (2) dt.19-12-2017 Section 379 IPC between the same parties and they are in custody since 2.8.2017. The police has submitted charge-sheet in the matter. Having considered the said facts and circumstances, the petitioners, namely, Jagdish Yadav, Jai Prakash Yadav and Jiwachh Yadav are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) by each one of them with two sureties of the like amount each to the satisfaction of CJM Samastipur in connection with Bithan PS Case No. 125 of 2017. (Arun Kumar, J.) Snkumar/- U T