IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47169 of 2008 1. KESHWAR YADAV @ KESHAR YADAV @ CHEIN YADAV ,SON OF LATE JAGDISH YADAV. 2. MADHU YADAV, SON OF LATE MAHANG YADAV 3. LAKHAN YADAV, SON OF LATE CHANDRADEO YADAV 4. BIGU YADAV, SON OF NARAIN YADAV ALL RESIDENT OF VILLAGE-BHATKURHA,P.S. KASMA, DISTRICT-AURANGABAD…………………………PETITIONERS. VERSUS THE STATE OF BIHAR………………………..OPPOSITE PARTY ----------- 2. 25.11.08. Heard learned counsel for the petitioners and the State. It is submitted that petitioner no. 2 Madhu Yadav has been arrested. Hence this application for anticipatory bail has become infructuous against him and is accordingly dismissed as against him. It is submitted that allegation against the petitioners who are accused under Section 379 of the Indian Penal Code and Section 3(ix)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)) Act are that they abused the informant while the informant was harvesting the crop in his land. It is further alleged that the petitioners came over the land of the informant and asking him not to harvest the crop and was claimed by them. It is further alleged that the petitioners used to abusive languages by taking the caste name of the informant. . Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case only due to land dispute. As the land in question, some part of the said plot has been purchased by these petitioners as it would appear on perusal of the report of Halka Kramachari as contained in Annexure-2, to the effect that land in question belongs to the petitioners. - 2 - Considering the above submissions, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, 1. Keshwar Yadav alias Keshar Yadav @ Chein Yadav, Lakhan Yadav and Bigu Yadav shall 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 the Chief Judicial Magistrate, Aurangabad, in connection with Kasma P.S. Case No. 14/08, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)