Shankar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47755 of 2017 Arising Out of PS. Case No.-142 Year-2017 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Shankar Yadav, S/o Late Jageshwar Yadav, 2.

Manoj Yadav, S/o Shankar Yadav, 3.

Baban Yadav @ Bambam Yadav, S/o Batoran Yadav, All Resident of Village- Rajaura, P.S.- Sahebpur Kamal, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned Counsel appearing on behalf of the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/307/504/306/34 of the Indian Penal Code. Prosecution case is that petitioner no.1, Shankar Yadav, petitioner no.2, Manoj Yadav, came to the door of the informant and made protest about keeping the grains straw on the land in question. On protest being made, the accused person put a towel around the neck of the informant and brought him to their door. Thereafter, petitioner no.3, Baban Yadav caught hold of him and all the three petitioners assaulted and when the

Patna High Court Cr.Misc. No.47755 of 2017(2) dt.17-10-2017 2/2 mother of the informant, Sima Devi, came to rescue him she was also assaulted by the accused persons.

It is submitted by learned Counsel for the petitioners that the accusation has been levelled in the background of land dispute. The informant and her mother received one injury each which are found superficial simple in nature. Statement has been made in paragraph no.3 of the petition that the petitioners are having no criminal antecedent.

Considering the fact that the accusation is not being corroborated by the medical opinion, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Begusarai, in connection with Sahebpur Kamal P.S. Case No.142 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T