Kanhaiya Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3804 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Kanhaiya Yadav aged about 45 years, Male, son of Ram Khelawan Yadav.

2. Manoj Yadav @ Manoj Kumar Yadav aged about 22 years, Male, son of Ramsakal Yadav

3. Govind Yadav aged about 21 years, Male, son of Kanhaiya Yadav All resident of Village- Semara, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Shyam Bihari Singh(APP173) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioners apprehend their arrest in Chainpur P.S. Case No.289 of 2018 registered under Section 307 and other minor Sections of the Indian Penal Code.

The informant alleged that Kanhaiya Yadav, Surendra Yadav and Govind Yadav came and demanded money which is said to have been given for supply of milk but on refusal, the accused persons assaulted the brother and nephew of the informant with sharp edge weapon. Manoj Yadav is also alleged to have assaulted the informant and his nephew. The learned counsel for the petitioners submits that there is counter version being Chainpur P.S. Case No.288 of

Patna High Court Cr.Misc. No.3804 of 2019(2) dt.25-01-2019 2/2 2018. From the side of the petitioners, four persons were injured. Both sides entered into mutual assault. The injury found on brother and nephew of the informant are simple in nature. The only one injury was found on the hand. The doctor reserved opinion on one injury found on the brother of the informant. Considering the facts that both sides entered into mutual assault on each other on account of some petty dispute of landing and borrowing money, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No.289 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T