Kuldip Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48129 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Kuldip Yadav,

2. Nandu Yadav,

3. Mukesh Yadav, All sons of Lekha Yadav,

4. Lekha Yadav, Son of Late Rupan Yadav,

5. Bhulni Devi, Wife of Nandu Yadav,

6. Genda Devi, Wife of Mukesh Yadav,

7. Mushani Devi, Wife of Lekha Yadav, All are R/o Village- Nauwa Kura Telivadih, P.S.- Jhajha, Dist- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jhajha P.S.Case No.272 of 2017 , registered for offences punishable under Sections 341, 323, 324, 325, 326, 307, 395, 406, 120B, 504, 452 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant causing injury.

Submission of the learned counsel for the petitioners is that both the parties are agnates and there is land dispute between the parties from before. Further the impugned order does not show nature of enmity.

Patna High Court Cr.Misc. No.48129 of 2018 (3) dt.30-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Jamui in connection with Jhajha P.S.Case No.272 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T