Bijendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10379 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -CHANDI District- BHOJPUR ======================================================

1. Bijendra Yadav Son of Subhash Chandra Yadav

2. Srinath Yadav @ Shree Nath Singh Son of Nand Kumar Yadav Both residents of Village - Rupachakia, P.S. Chandi, District - Bhojpur (Ara).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Advocate For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Heard learned counsel for the petitioners and learned counsel for the informant.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 448, 323, 427, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the accused persons were harvesting premature potato of the informant. On protest being made the accused persons resorted to fire and took away premature potato from the field of the informant.

It is submitted by the learned counsel for the petitioners that in the background of pending Title Suit No. 64 of 2010 the accusation has been levelled and admittedly no

Patna High Court Cr.Misc. No.10379 of 2016 (2) dt.04-03-2016 injury has been caused to the informant. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

It is submitted by the learned counsel for the informant that the possession of the informant has been decided in favour of informant's side from the Revenue Court. Considering the fact that in the background of civil nature of dispute accusation has been levelled, coupled with the statement made in para-3 of the petition that petitioners have no criminal antecedent, 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 twelve 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 learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Chandi P.S. Case No. 112 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T