Kaushal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83480 of 2019 Arising Out of PS. Case No.-265 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== 1.

KAUSHAL YADAV S/o Bala Lakhendra Yadav Resident of Village- Barchi Bigha, P.S.- Giriyak, District- Nalanda.

2.

Prabhat Yadav S/o Yogendra Yadav Resident of Village- Barchi Bigha, P.S.- Giriyak, District- Nalanda.

3.

Nagendra Yadav S/o Parmeshwar Yadav Resident of Village- Barchi Bigha, P.S.- Giriyak, District- Nalanda.

4.

Satish Kumar @ Satish Yadav S/o Nagendra Yadav Resident of VillageBarchi Bigha, P.S.- Giriyak, District- Nalanda. 5.

Anil Yadav S/o Yogendra Yadav Resident of Village- Barchi Bigha, P.S.- Giriyak, District- Nalanda.

6.

Subhash Yadav S/o Nagendra Yadav Resident of Village- Barchi Bigha, P.S.- Giriyak, District- Nalanda.

7.

Sadan Yadav S/o Permeshwar Yadav Resident of Village- Barchi Bigha, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 354, 504, 506 & 307 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that in the backdrop of land dispute, the dispute arose between the parties. It is further

Patna High Court CR. MISC. No.83480 of 2019(2) dt.17-12-2019 2/3 alleged that the accused persons having armed with deadly weapons, attacked the informant side and assaulted the female members.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Due to property dispute, the present occurrence is said to have taken place. Free fight is alleged to have taken place between the parties. General and omnibus allegation has been made against the petitioners. The petitioners are also said to have sustained injuries in course of the occurrence. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.83480 of 2019(2) dt.17-12-2019 3/3 Magistrate/concerned court, Nalanda in connection with Giriyak P.S. Case No. 265 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T