Mutur Yadav @ Jitendra Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2165 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -BIHTA District- PATNA ======================================================
1. Mutur Yadav @ Jitendra Kumar, Son of Laxmi Rai,
2. Siya Saran, Son of Late Jeev Nandan Rai,
3. Ravindra Rai @ Bhukhal Rai @ Bhukhlu Rai, Son of Late Jeev Nandan Rai, All resident of Village- Dayalpur, P.S.- Bihta, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indra Mohan Kumar, Advocate. For the Opposite Party/s : Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bihta P.S. Case No. 343 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that both parties are agnates. There is land dispute between the parties. In the written report it is alleged that these petitioners along with other accused persons arrived armed with weapons and assaulted the informant and his son causing injury to them. It is further alleged that they set fire in the hut situated in front of the
Patna High Court Cr.Misc. No.2165 of 2018 (3) dt.13-02-2018 2/3 house of the informant.
Case diary has been received.
The injury report is available in the case diary wherein the Doctor has found only one injury on the person of the injured caused by hard and blunt object and opinion has been kept reserved. In the written report itself it is mentioned that the accused persons set fire in the hut which was not the dwelling house of the informant which was situated in front of his house. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bihta P.S. Case No. 343 of 2017, G.R. No. 1606 of 2017 they shall be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.2165 of 2018 (3) dt.13-02-2018 3/3 proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T