Laxmi Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55594 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- ALOULI District- Khagaria ======================================================

1. Laxmi Yadav

2. Sunil Yadav, Both Sons of Late Kishundev Yadav,

3. Manrudh Yadav @ Manrud Yadav,

4. Sushil Yadav @ Soshil Yadav Both Sons of Rabindra Yadav,

5. Rupesh Yadav

6. Mukesh Yadav @ Kari Yadav

7. Vikash Yadav All Sons of Laxmi Yadav, All R/o Vill.- Hathwan, P.S.- Alauli, DistrictKhagaria. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 5.

18-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Alauli P.S. Case No. 42/2018, G.R. No. 323/2018 registered under Sections 147, 341, 323, 379, 504, 307 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that there is a case and counter case. Admittedly the parties are fighting land disputes and it appears that some altercations took place between the parties for which both the parties have made allegations against each other, but, in the present case, there is no firearm injury and no injury has been found on the body of the informant's side muchless any injury on the vital part of the body.

Patna High Court Cr.Misc. No.55594 of 2018(5) dt.18-01-2019 2/2 Learned A.P.P. is present and though opposed the prayer for anticipatory bail of the petitioner but accepts the factual position that no injury has been found on the body of the informant.

In the facts and circumstances of the case taking note of the nature of allegations and the dispute, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 42/2018, G.R. No. 323/2018, subject to condition that petitioners shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation, failing which the Investigating Officer shall be at liberty to take steps for cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T