Vidyanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69653 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Vidyanand Yadav, aged about 58 years, Male 2.

Hirdaya Yadav, aged about 56 years, Male 3.

Lal Mohar Yadav, aged about 54 years, Male 4.

Paro Yadav, aged about 50 years, Male 5.

Dharo Yadav, aged about 48 years, Male All sons of late Ghanshyam Yadav, residents of Village - Rohiyar, P.S. Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Chautham P.S. Case No. 57 of 2019 registered for the offfence under Sections 143/506/385/307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that petitioners along with other accused persons arrived at the land of the informant bearing Khata No. 167, Khesra No. 143, Touzi No.

Patna High Court CR. MISC. No.69653 of 2019(2) dt.26-11-2019 2/3 5081, Thana No. 171 at Mauza- Chautham and started cutting mustard crops sown by the informant and it has further been alleged that when the son of the informant objected for cutting the mustard crops, the accused persons fired upon the son of the informant, but the same did not hit the informant's son. Learned counsel for the petitioners submits that both the parties are agnates and there is land dispute in between them, which is evident from the order sheet of the Gram Kachhari, annexed at Anenxure -2 to the petition. Learned counsel further submits that from perusal of the genealogical table it would be evident that the side of the informant and petitioners are related.

Having heard learned counsel for the parties and taking into consideration the fact that both the parties are agnates, there is land dispute in between them and the firing made by the petitioners did not hit anybody, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.69653 of 2019(2) dt.26-11-2019 3/3 amount each to the satisfaction of Sri S.M. Tripathi, learned Judicial Magistrate, 1st Class, Khagaria in connection with Chautham P.S. Case No. 57 of 2019 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) praful/- U T