IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63234 of 2021

Arising Out of PS. Case No.-20 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya

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1.

SURENDRA YADAV Son of Vijay Yadav @ Bijali R/o Village - Dadpur,

P.S. Magadh University, District - Gaya.

2.

RAJESH KUMAR @ RAJESH YADAV Son of Vijay Yadav @ Bijali R/o

Village - Dadpur, P.S. Magadh University, District - Gaya.

3.

DHARMENDRA YADAV S/o Birju Yadav R/o Village - Dadpur, P.S.

Magadh University, District - Gaya.

4.

PARSHURAM KUMAR @ PASURAM KUMAR S/o Jitendra Yadav @

Nepali R/o Village - Dadpur, P.S. Magadh University, District - Gaya.

5.

SHANKAR YADAV S/o Late Bachu Yadav R/o Village - Dadpur, P.S.

Magadh University, District - Gaya.

6.

NIRANJAN YADAV S/o Kesho Yadav R/o Village - Dadpur, P.S. Magadh

University, District - Gaya.

7.

CHANDAN YADAV S/o Kesho Yadav R/o Village - Dadpur, P.S. Magadh

University, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sudhir Kumar Sinha

For the Opposite Party/s :

Mr. Shailendra Kumar

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

2

20-07-2022

Learned counsel for the petitioners is directed to

remove all the defects pointed out by the Stamp Reporter within

one month.

At the outset, learned counsel for the petitioners has

submitted that during the pendency of this anticipatory bail

application, petitioner no.2 has been arrested and, as such, the

same has become infructuous. He, therefore, seeks permission

Patna High Court CR. MISC. No.63234 of 2021(2) dt.20-07-2022

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to withdraw this application as against petitioner no.2.

In view of the aforesaid submission, the application is

dismissed as withdrawn as having become infructuous as

against petitioner no 2.

Petitioner nos. 1, 3, 4, 5, 6 and 7 apprehend their

arrest for the offences alleged under Sections 147, 148, 149,

448, 307 and 506 of the Indian Penal Code and Section 27 of

the Arms Act, registered in connection with Magadh University

P.S.Case No. 20 of 2021.

Heard the learnned counsel for the as well as Mr.

Shailendra Kumar, learned APP for the State.

As per allegation, when the informant was

proceeding by his car, his vehicle was intercepted by putting log

on the road. 10 accused persons named in the FIR started

assaulting his vehicle. The further allegation is that accused

persons opened indiscriminate fire and they also pelted stones

etc. They asked the informant to vacate the disputed land.

Learned counsel for the petitioners has submitted that

the petitioners are innocent and have not committed any offence

and have falsely been implicated. There is admittedly land

dispute between the parties. He has submitted further that

though there is allegation of firing, but none has sustained any

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kind of injury.

Considering the above facts and circumstances, let

petitioner nos. 1, 3, 4, 5, 6 and 7, above-named, in the event of

their arrest or surrender within four weeks from the date of

communication of this order, be released on bail on furnishing

bail bond of Rs. 10,000/-(ten thousand) each with two sureties

of the like amount each to the satisfaction of learned Smt. Neha

Tripathi, J.M. 1^st Class, Gaya in connection with Magadh

University P.S.,Case No. 20 of 2021, subject to the conditions

as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by

the petitioners within the stipulated time provided hereinabove,

failing which the matter shall be brought to the notice of this

Court.

HR/-

(Nawneet Kumar Pandey, J)

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