Barun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13205 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- MANSI District- Khagaria ====================================================== 1.

BARUN YADAV S/o Late Ram Prakash Yadav R/o village - Saidpur, P.S. - Mansi, District - Khagaria.

2.

Arun Yadav S/o Late Ram Prakash Yadav R/o village - Saidpur, P.S. - Mansi, District - Khagaria.

3.

Viveka Yadav S/o Late Ram Prakash Yadav R/o village - Saidpur, P.S. - Mansi, District - Khagaria.

4.

Chandra Shekhar Yadav S/o Late Nageshwar Yadav R/o village - Saidpur, P.S. - Mansi, District - Khagaria.

5.

Bam Bam Yadav @ Gautam Yadav S/O Bholi Yadav R/o village - Saidpur, P.S. - Mansi, District - Khagaria.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Mansi P.S. Case No. 122 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 447, 504 of the Indian Penal Code and Section 27 of

Patna High Court CR. MISC. No.13205 of 2021(5) dt.10-05-2022 2/3 the Arms Act.

As per allegation, petitioner No. 1 assaulted Vijay Yadav on his leg who sustained fractured injury. Petitioner No. 4 assaulted on the head of the informant's husband and the allegation against the co-accused Bambam Yadav @ Gautam Yadav is that he assaulted Balbir yadav on his head. Learned counsel for the petitioners has submitted that there is case and counter case and the case of the petitioners' side is earlier to the present case. He has also submitted that both the parties have compromised the case, although, the compromise petition has not been annexed with the record. In paragraph No. 25 of the case diary the injury report was mentioned but the nature of injury was not opined by the doctor, as such, the opinion of the doctor was called for, which has been annexed at flag 'F' which shows that the injuries are clinically simple in nature.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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 Chief Judicial Magistrate, Khagaria in

Patna High Court CR. MISC. No.13205 of 2021(5) dt.10-05-2022 3/3 connection with Mansi P.S. Case No. 122 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T