Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70825 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

BIRENDRA YADAV Son of Bali Yadav Resident of Village - Purna Dih, P.S.- Mufassil, Distt.- Nawada.

2.

Rahish Yadav Son of Naresh Yadav Resident of Village - Purna Dih, P.S.- Mufassil, Distt.- Nawada.

3.

Shankar Yadav Son of Naresh Yadav Resident of Village - Purna Dih, P.S.- Mufassil, Distt.- Nawada.

4.

Anandi Yadav Son of Naresh Yadav Resident of Village - Purna Dih, P.S.- Mufassil, 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.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 354, 354(B), 504 & 506/34 of the Indian Penal Code.

The prosecution case in short, is that in the backdrop of land dispute, the accused persons came to the place of occurrence and assaulted the husband of the informant as a result of which, he sustained injuries. It is also alleged that the accused persons tried to outrage modesty of the informant.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.70825 of 2019(2) dt.27-11-2019 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The specific allegation of assault is alleged against co-accused namely Naresh Yadav. So far as the petitioners are concerned, general and omnibus allegation has been made against them. No specific overt act is attributed against the petitioners. The alleged occurrence is said to have taken place due to land dispute.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 141 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T