Milan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85242 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== 1.

Milan Yadav, aged about 30 years, Male 2.

Lalan Yadav, aged about 28 years, Male, both sons of Dinesh Yadav 3.

Mangan Yadav, aged about 28 years, Son of Binod Yadav 4.

Binod Yadav, aged about 45 years, Male, Son of Sonelal Yadav 5.

Tuntun Yadav @ Dhunmun Yadav, aged about 25 years, Male, Son of Umesh Yadav 6.

Umesh Yadav, aged about 50 years, Male, Son of Sonelal Yadav, all are resident of Village - Paras, P.S.- Morkahi (Amausi O.P.), Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Morkahi P.S. Case No. 64 of 2019 (G.R. No.1639 of 2019) registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 34 of the Indian Penal Code and Sections 27, 25(1-B) a 26 and 37 of the Arms Act. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant and

Patna High Court CR. MISC. No.85242 of 2019(3) dt.20-02-2020 2/3 their family members by means of khanti on the head of Rudal Yadav.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to previous enmity and land dispute between the family members of the petitioners and the informant. Learned counsel for the petitioners further submits that all the cases mentioned in paragraph-3 of this application have been lodged by t he side of the informant. Learned counsel relying upon Annexure-3 series submits that the injuries caused to Rudal Yadav, allegedly assaulted by the petitioners, has been found to be simple in nature. Learned counsel for the petitioners further submits that the co-accused Amit Yadav @ Amit Kumar has been granted anticipatory bail by this Co-ordinate Bench of this Court vide order dated 13.02.2020 passed in Cr. Misc. No.85529 of 2019.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria in connection with Morkahi P.S. Case No. 64 of 2019 (G.R.

Patna High Court CR. MISC. No.85242 of 2019(3) dt.20-02-2020 3/3 No.1639 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T