Fadar Yadav @ Ramyiswar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6342 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- TEYAR District- Bhojpur ====================================================== 1.
Fadar Yadav @ Ramyiswar Singh S/o Kanhaiya Yadav @ Kanhaiya Singh Resident of Village-Hulas Tola, P.S.-Tiyar, District-Bhojpur. 2.
Anil Yadav S/o Late Rangila Yadav Resident of Village-Hulas Tola, P.S.- Tiyar, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Tiyar P.S. Case No. 64 of 2023, registered on 04.09.2023 for the offences under Sections 341, 323, 307, 325, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioners assaulted the informant and her son with lathi. The occurrence took place over some minor issue.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in
Patna High Court CR. MISC. No.6342 of 2024(2) dt.20-02-2024 2/3 this case over some petty family dispute. The petitioners and informant side are close relatives. The injury report of son of the informant shows only one injury on his head and the injury is said to be simple in nature. The allegation for causing said injury is against petitioner no. 2 whereas there is no such allegation against petitioner no. 1. The petitioners have got no criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the specific allegation is against petitioner no. 2 and he fractured the head of the son of the informant.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury sustained by the injured and further considering the relationship between the parties, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/concerned court in connection with Tiyar P.S. Case No. 64 of 2023, subject to the
Patna High Court CR. MISC. No.6342 of 2024(2) dt.20-02-2024 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T