Antu Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2946 of 2016 Arising Out of PS.Case No. -426 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================
1. Antu Yadav, son of Late Bhan Yadav @ Rama Yadav,
2. Pappu Yadav, Son of Ramswaroop Yadav
3. Jaimangal Yadav Son of Late Sukar Yadav
4. Ramswaroop Yadav Son of Late Sukar Yadav
5. Nagmani Yadav Son of Antu Yadav
6. Naklesh Yadav son of Ramswaroop Yadav
7. Akhilesh Yadav son of Ramswaroop Yadav
8. Munaka Devi wife of Antu Yadav
9. Sunaina Devi wife of Ramswaroop Yadav All Resident of Village- Piparsot, P.S.- Mohanpur, District- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under
Patna High Court Cr.Misc. No.2946 of 2016 (2) dt.22-01-2016 2/3 Sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code.
The prosecution case is that the accused persons including the petitioners assaulted the informant, his nephew, wife and sister-in-law, Kanti Devi.
It is submitted by learned counsel for the petitioners that only injury report of Upendra Yadav and the informant are available on the record which suggests that the injuries have been found to be simple in nature and both injured were three injuries each whereas the accusation of assault is by ten FIR named accused persons. There is a counter version of the occurrence also and one person Lalu died from the petitioners' side, who is the son of petitioner no. 1 Antu Yadav. The accusation is omnibus and general.
A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the omnibus and general accusation and the fact that the son of petitioner no. 1 died at the hands of the informant side, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of
Patna High Court Cr.Misc. No.2946 of 2016 (2) dt.22-01-2016 3/3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sherghaty, Gaya in connection with Barachatty (Mohanpur) P.S. Case No. 426 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T