Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 60986 of 2019 Arising Out of PS. Case No.-193 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Lakhan Yadav Aged about 50 years Male 2.

Parshuram Yadav Aged abut 47 years Male 3.

Govind Yadav Aged about 45 years Male 4.

Sanjay Yadav Aged about 36 years Male All are Sons of Chilaungi Yadav, All are residents of Village - Hathiyawar, P.S.- Luxmipur, District- Jami (Jamui) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

05-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Laxmipur P.S. Case No. 193 of 2019 registered for the offence under Sections 147, 149, 341, 323, 307, 504 and 427 of the I.P.C. In the F.I.R., it is alleged that petitioners alongwith three other accused were cutting trees of informant's land and when it was objected by informant's brother Pato Yadav, they assaulted him and specific allegation has been levelled against petitioner no. 3 Govind Yadav that he gave iron blow in the stomach of the brother of the informant and when informant and others came there, petitioners have also assaulted them by lathi. It is submitted on behalf of petitioners that there is general and omnibus allegation against the petitioners. It is

Patna High Court CR. MISC. No.60986 of 2019(3) dt.05-02-2020 2/2 further submitted that so far as informant is concerned, there is no injury report and as per the injury report of Pato Yadav, it appears that he received simple injury. It is also submitted that petitioners and informant's side are agnates and due to land dispute in between them, such incident has taken place. It is further submitted that for the same occurrence, petitioner no. 4 has also lodged complaint against informant and others on 29-05-2019. Petitioners are having clean antecedent. In view of aforesaid facts & circumstances as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K.Singh, J.M. Ist Class, Jamui in connection with Laxmipur P.S. Case No. 193 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T