Prashant Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79828 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Prashant Yadav S/o Sri Bedanand Yadav 2.

Bablu Yadav S/o Sri Bedanand Yadav 3.

Vedanand Yadav S/o Late Ram Bharos Yadav 4.

Shree Yadav S/o Sri Nityanand Yadav 5.

Mani Yadav S/o Sri Nityanand Yadav 6.

Jai Kant Yadav S/oSri Nityanand Yadav 7.

Nitai Yadav @ Nityanand Yadav @ Nitya Yadav S/o Late Ram Bharos Yadav 8.

Upendra Sada S/o Late Dodai Sada All are Resident of village -Babhangama,P.S-Gangaur,Dist.-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-04-2019 The petitioners apprehend their arrest in connection with Khagaria (Gangaur) P.S.Case No. 184 of 2018 registered under Sections 323,325,341,379 and 504/34 of the Indian penal Code and 27 of the Arms Act.

Allegation against the petitioners is that they forcibly tried to fishing in the pond of the informant and they have assaulted the informant and his family members by lathi and danda.

Patna High Court CR. MISC. No.79828 of 2018(4) dt.15-04-2019 2/3 It appears that petitioner nos. 3 and 4 have already been arrested and their application for anticipatory bail has been withdrawn vide order dated 12.02.2019 and petitioner no. 1 is accused in three more cases.

Submission of learned counsel for the petitioners is that there is dispute between the parties with respect to pond and in a writ application filed before this Court, an order for maintaining status quo has been passed and furthermore, there is no specific allegation against the petitioners.

Heard learned APP also who has opposed the prayer for bail of the petitioners on the ground that one of the injuries was found to be grievous in nature.

Having heard both sides and in view of the facts and circumstances, as stated above, let petitioner nos. 2, 5, 6, 7 and 8, except petitioner no. 1, who has criminal antecedents, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 184 of 2018; subject to condition as laid down under Section

Patna High Court CR. MISC. No.79828 of 2018(4) dt.15-04-2019 3/3 438(2) of the Code of Criminal Procedure.

So far petitioner no. 1 is concerned, he is directed to surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sujit/- U T