Umesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15551 of 2018 Arising Out of PS. Case No.-272 Year-2017 Thana- AKBARPUR District- Nawada ======================================================

1. Umesh Yadav Son of Budhan Mahto

2. Lalo Yadav Son of Lakhan Yadav Both R/o Village- Rajpur, P.S. Akbarpur, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Akabarpur P.S. Case No. 272 of 2017 dated 04.12.2017 instituted for the offences under Sections 147, 148, 341, 323, 307 and 504 of the Indian Penal Code.

The petitioners and others are said to have assaulted the informant over a dispute for irrigating land. The petitioners have specifically been alleged to have used farsa leading to injuries on the person of the informant.

Learned counsel appearing for the petitioners however has stated that there is no injury report on record and the allegations have only been levelled against the petitioners as they are agnates and have a

Patna High Court Cr.Misc. No.15551 of 2018(2) dt.05-04-2018 2/2 dispute with the informant with respect to irrigating the land.

From the perusal of the order impugned also, it appears that there is no injury report on record. Regard being had to the fact that the petitioners are agnates of the informant and the occurrence took place because of dispute over irrigation over a piece of land, this Court is inclined to grant anticipatory bail to the petitioners. While saying so this Court has also taken note of the fact that the petitioners do not have any criminal antecedent.

The petitioners above named are directed to be released in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Ist Nawada in connection with Akabarpur P.S. Case No. 272 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T