Saheb Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37266 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -BAUNSI District- ARRARIA ======================================================

1. Saheb Yadav,

2. Prakash Yadav,

3. Prabash Yadav @ Prabhash Kumar Yadav.

4. Umesh Yadav @ Umesh Kumar Yadav, All are Sons of Late Parmeshwari Yadav, Residents of Village- Mirzapur, P.S.- Bausi, DistrictAraria. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Saroj Kumar Sharma For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Bausi P.S. Case No. 72 of 2017 registered under Sections 341, 323, 325, 307 and 354B/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and other family members.

Submission of learned counsel for the petitioners is that there is land dispute between the parties and informant has tried to grab the land of the petitioners. Further submission is that petitioners Nos. 1 and 2 are suffering from Leprosy. Heard learned APP also, who has opposed the prayer for anticipatory bail stating that there is grievous injury on the person of injured.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.37266 of 2017 (2) dt.19-08-2017 2/2 circumstances, let petitioners Nos. 1 and 2, who are said to be suffering from Leprosy, surrender before the court below within a period of four weeks and on their so surrendering they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Bousi P.S. Case No. 72 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and they will co-operate in investigation, failing which their bail bonds shall be liable to be cancelled.

So far petitioners Nos. 3 and 4 are concerned, in the facts and circumstances, they may surrender and pray for regular bail, which shall be considered on the basis of materials available on record.

This application is disposed of with the above observation.

(Vinod Kumar Sinha, J) spal/- U