Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68686 of 2019 Arising Out of PS. Case No.-412 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Pappu Yadav, Son of Inderdeo Yadav @ Inardeo Yadav 2.

Inderdeo Yadav @ Inardeo Yadav, Son of Mangan Yadav 3.

Mukesh Yadav, Son of Inderdeo Yadav @ Inardeo Yadav 4.

Rupesh Yadav, Son of Inderdeo Yadav @ Inardeo Yadav All resident of Village-Gargama, P.S.-Narpatganj, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP Mr. Arun Kr. Mandal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard the learned counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Narpatganj P.S. Case No. 412 of 2019, dated 12.07.2019, instituted for the offences under Sections 341, 323, 354B, 379, 506 and 504/34 of the Indian Penal Code.

Though there is allegation in the F.I.R. of

Patna High Court CR. MISC. No.68686 of 2019(2) dt.27-11-2019 2/3 manhandling the members of the house of the informant and others and also of taking away valuables and belongings of the informant, but it appears from the accusation that the dispute lies elsewhere.

Learned counsel for the petitioners has submitted that the parties are agnates and come from the same stock of the family. The two cases which have been referred to in paragraph 3 of the case diary have been lodged at the instance of the prosecution side and in both the cases, the petitioners are on bail.

Learned counsel for the informant however has submitted that the petitioners have not intimated about another case lodged against them which is under the SC/ST (Prevention of Atrocities) Act and other offences under the I.P.C.

Learned counsel for the petitioners has submitted that paragraph 3 was drafted as per the instruction of the person who has sworn the affidavit.

In any view of the matter, considering the fact that the petitioners are agnates of the informant and there is a

Patna High Court CR. MISC. No.68686 of 2019(2) dt.27-11-2019 3/3 property dispute between them, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 412 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

However, the petitioners shall not cross the way of the informant and in case they threaten the informant or make any attempt to tamper with the evidence, it would be open for the informant to proceed for cancellation of the anticipatory bail of the petitioners.

(Ashutosh Kumar, J) Praveen-II/- U T