Dharma Chandra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48590 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -KASBA District- PURNIA ======================================================

1. Dharma Chandra Yadav, s/o late Baizu Yadav,

2. Sudhir Yadav @ Sudhir Kumar Yadav, S/o Dharma Chandra Yadav, Both R/o Vill.- Malharia, P.S.- Kasba, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kasba P.S. Case No.82 of 2018 instituted for the offence under Section(s) 341, 323, 420, 406, 365/34 Indian Penal Code. Counsel for the petitioners submits that petitioner No.1 and informant are brothers. Instant case has been filed only because of land dispute between brothers.

In the written report, it is alleged that petitioner No.1, who is the own brother of informant, got his name mutated with respect to two Khatta land, which was in joint possession appertaining to Khata No.144, Kheshra No.409 in the month of January, 2017.

Patna High Court Cr.Misc. No.48590 of 2018 (2) dt.28-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kasba P.S. Case No.82 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.

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