Musafir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72354 of 2019 Arising Out of PS. Case No.-222 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== 1.

MUSAFIR YADAV Son of Mishri Yadav Resident of Village - Fatehpur, P.S.- Akbarpur, District - Nawada 2.

Lallu Yadav Son of Musafir Yadav Resident of Village - Fatehpur, P.S.- Akbarpur, District - Nawada 3.

Anil Yadav @ Loha Son of Mishri Yadav Resident of Village - Fatehpur, P.S.- Akbarpur, District - Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Akbarpur P.S. Case No. 222 of 2018, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner has relied on an order of this Court dated 28.01.2019, passed in Cr. Misc. No. 4114 of 2019 whereby similarly circumstanced co-accused persons, namely, Dinesh Yadav, Sako Yadav and Ramashis Kumar have been granted the privilege of anticipatory bail. He has submitted that such order would suggest, no grievous injury has been found and the present FIR

Patna High Court CR. MISC. No.72354 of 2019(2) dt.27-11-2019 2/2 has been lodged subsequent to lodging of Akbarpur P.S. Case No. 221 of 2018 against the informant of the present case. He has submitted that land dispute between the parties is the apparent reason behind the alleged occurrence. Considering the facts and circumstances and since similarly circumstanced co-accused have been granted anticipatory bail by this Court, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-Ist, Nawada in Akbarpur P.S. Case No.

222 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.