Guddu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6341 of 2017 Arising Out of PS.Case No. -699 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Guddu Yadav son of Ram Kesh Yadav.

2. Manish Yadav son of Ram Kesh Yadav.

3. Ram Kesh Yadav son of Aliyar Yadav.

4. Ramadhin Yadav.

5. Ram Ekbal Yadav. Both sons of Patiyar Yadav.

6. Om Prakash Yadav son of Ramadhin Yadav.

7. Ram Ratan Yadav.

8. Dharmdeo Yadav. Both sons of Mukhram Yadav All Resident of VillageDaridih, P.S. Bhabua, District Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the State : Mr. Sri Atul Chandra, A.P.P. For the informant : Mr.Vivekanand Singh. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State and the informant. The petitioners apprehend their arrest in connection with Bhabua P.S. Case No.699/16 registered under Sections440, 441, 323, 427, 436 and 504/34 of the Indian Penal Code. The allegation of the informant is that in front of his house over government land petitioner no.1 used to run Dairy Farm which creates nuisance in the way of the informant and his family members for which the informant asked petitioner no.1, Guddu Yadav, to remove the Dairy Farm, Guddu Yadav on which

Patna High Court Cr.Misc. No.6341 of 2017 (2) dt.28-03-2017 2/3 started to abuse the informant and other accused named in the F.I.R. including the petitioners No.2 to 8 also came with lathi and danda also caused injury to him and his brothers, Sudarshan Yadav, Nephew Paras Yadav and the wife of the informant. At that time Ram Narayan put the fire to the house of the informant. Learned counsel for the petitioners submits that there is specific allegation against Ram Narayan to put fire to the house of the informant and not against the petitioners, while there is general allegation of assault with lathi to the inforant, his two brothers and his wife by the petitioners but the injuries are found to be simple in nature. Moreover, due to land dispute occurrence of mar pit took place in which the petitioners also sustained injuries for which Bhabua P.S. Case No.698/16 was registered under Sections 341, 323, 504, 427 and 379/34 of the I.P.C. on the basis of the written report of petitioner no.1 against the informant and others.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabu, in connection with Bhabua P.S.Case No.699/16, subject to

Patna High Court Cr.Misc. No.6341 of 2017 (2) dt.28-03-2017 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U