Baiju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67157 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- KONCH District- Gaya ====================================================== 1.

Baiju Yadav S/o Late Mundarik Yadav .

2.

Raushan Kumar @ Raushan Yadav Son of Upendra Yadav @ Apendra Yadav.

3.

Upendra Yadav @ Apendra Yadav Son of Late Mundarik Yadav. 4.

Guddu Kumar Yadav @ Guddu Yadav S/o Mahendra Yadav. 5.

Mahendra Yadav Son of Late Mundarik Yadav all residents of Village- Tarari, Tola Gopalpur, Police Station- Konch, District- Gaya.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State. The petitioners are apprehending his arrest in connection with Konch P.S. Case No.161 of 2019 registered for the offence under Sections 147, 148, 149, 341, 323, 325 and 307 of the Indian Penal Code.

Accusation against the petitioners is that on 22.05.2019, the informant had gone to Mathurapur to bring Halwai on the request of his neighbour and when he was returning back on motorcycle along with Halwai, near

Patna High Court CR. MISC. No.67157 of 2019(3) dt.19-11-2019 2/3 Duphurwa Mor, all accused persons surrounded and assaulted them resulting to sustain injuries. It is submitted by learned counsel for the petitioner that petitioners and informant are co-villagers and due to drainage dispute arises in between both parties since long, the petitioners have falsely been implicated in the present case . He submits that there is general and omnibus allegation against the petitioners. He further submits that petitioners have no criminal history, except petitioner no.5, who is accused in Konch P.S. Case No.17 of 2014 registered for the offence under Sections 406 and 420 of the Indian Penal Code.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Gaya in

Patna High Court CR. MISC. No.67157 of 2019(3) dt.19-11-2019 3/3 connection with Konch P.S. Case No.161 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C. (Anjani Kumar Sharan, J) nawalkrs/- U