Bhavesh Yadav @ Ganesh Yadav @ Khttar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80268 of 2023 Arising Out of PS. Case No.-20 Year-2020 Thana- FULKAHA District- Araria ====================================================== 1.

Bhavesh Yadav @ Ganesh Yadav @ Khttar Yadav Son Of Sahdeo Yadav R/O Village Achara P S Fulkaha Distt Araria 2.

Suresh Yadav Son Of Sahdeo Yadav R/O Village Achara P S Fulkaha Distt Araria 3.

Sudhir Yadav @ Sudhir Kumar Son Of Sajjan Yadav R/O Village Achara P S Fulkaha Distt Araria 4.

Sushil Yadav @ Sushil Kumar Yadav Son Of Sajjan Yadav R/O Village Achara P S Fulkaha Distt Araria 5.

Krishnandan Kumar Yadav @ Krishnandan Yadav Son Of Late Upendar Yadav R/O Village Achara P S Fulkaha Distt Araria ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vijay Kishore Bharti, Advocate For the Opposite Party :

Mr.Anuj Kr Shrivastava, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

3. It is submitted on behalf of the petitioners that from perusal of the FIR it is apparent that the specific allegation of firing is against co-accused Arun Yadav and Anil Yadav and petitioners are only members of mob and no overt act has been alleged against them. There is land dispute between the parties

Patna High Court CR. MISC. No.80268 of 2023(2) dt.10-01-2024 2/2 and petitioners happen to be relative of said co-accused Arun Yadav and Anil Yadav. Petitioners claim clean antecedent.

4. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Judicial Magistrate 1st class, Araria in Fulkaha Police Station Case No. 20 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T