Jagdish Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36619 of 2018 Arising Out of PS.Case No. -229 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Jagdish Yadav son of Late Bihari Yadav
2. Mundrika Yadav son of Ramdhani Yadav
3. Natu Yadav son of Jawahir Yadav
4. Mukesh Yadav son of Baleshwar Yadav
5. Shekhar Yadav son of Prasadi Yadav
6. Yamuna Yadav son of Hari Yadav @ Saro Yadav
7. Raj Kumar Yadav son of Janki Yadav
8. Ranjeet Yadav son of Umesh Yadav @ Phuldhari Yadav
9. Vinay Yadav son of Harkhu Yadav
10. Raghun Yadav son of Chhatu Yadav
11. Ajay Yadav son of Jamuna Yadav
12. Umesh Yadav @ Phuldhari Yadav son of Kameshwar Yadav All resident of Village- Jasat P.S. Dhamaul, District Nawadah. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Pakribarawan (Dhamaul) P.S.Case no.229 of 2017 , registered for offences punishable under Sections 147, 148, 149, 307, 385 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioners is of firing on the informant, that does not hit anybody.
Submission of the learned counsel for the petitioners is that there is land dispute between the parties, there is allegation that
Patna High Court Cr.Misc. No.36619 of 2018 (3) dt.23-07-2018 2/2 they filled the earth and the firing was made but there is no injury on any person.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, 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 the learned CJM, Nawada in connection with Pakribarawan (Dhamaul) P.S.Case No.229 of 2017 subject to condition 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, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T