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Patna High CourtCR. MISC./27458/2018bail granted

Guput Singh Yadav @ Guput Singh And ORS v. The State Of Bihar

2018-05-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27458 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -ADHAURA District- BHABHUA (KAIMUR) ======================================================

1. Guput Singh Yadav @ Guput Singh, Son of Late Dukhi Yadav @ Dukhi Yadav.

2. Parsu Yadv @ Parsu Singh, S/o Guput singh Yadav @ Guput Singh,

3. Gandhi Singh Yadav.

4. Pintu Singh Yadav, Both Son of Sudeshwar Singh Yadav.

5. Mohan Singh.

6. Babulal Singh, Both son of Late Sirit Singh @ Kirit Singh.

7. Lalan Singh, Son of Late Sirit Singh, all resident of Village Purani, P.S. Kudara District Kaimur at Bhabua, at present R/o Village Tori P.S. Adhoura, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Adhoura P.S.Case no.19 of 2018, G.R.No.554 of 2018, registered for offences punishable under Sections 379/411 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that the petitioners have harvested 'rahar' crops from the field of the informant and took to their house.

Submission of the learned counsel for the petitioners is that there is land dispute and the petitioner is purchaser of the land, mutation is in the name of the petitioner and the case filed by the

Patna High Court Cr.Misc. No.27458 of 2018 (2) dt.10-05-2018 2/2 informant has already been dismissed.

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 J.M. 1st Class, Kaimur at Bhabhua in connection with Adhoura P.S.Case no.19 of 2018, G.R.No.554 of 2018, 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