Tej Bahadur Yadav @ Lakaru Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5310 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================
1. Tej Bahadur Yadav @ Lakaru Yadav, S/o Sri Sukhari Yadav
2. Nami Yadav,
3. Suresh Yadav,
4. Kamlesh Yadav, @ Kamalesh Yadav
5. Lalu Yadav
6. Umesh Yadav, all (Petitioner No.-2 to 6) Sons of Sri Bikhari Yadav all are R/o-Vill-Parasiya, P.S.-Brahampur (Cakee O.P.), Distt-Buxat, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard the parties.
This application has been filed in connection with Brahmpur P.S.Case No.257 of 2016 for the offence under Sections 447, 342, 323, 324, 354, 307, 504 & 506/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that there is land dispute between the parties with respect to 'Rasta' and the allegations of assault is against the petitioners, which is omnibus and the injuries found to be on the person of the injured are simple in nature, which will appear from Annexure 2 series. Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.5310 of 2017 (2) dt.16-02-2017 2/2 Having heard both sides. In view of the facts, as aforesaid, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, 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 Brahampur P.S.Case No.257 of 2016 in connection with C.J.M., Buxar , subject to conditions 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 and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U