Mangal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4855 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

Mangal Yadav, son of late Tetu Yadav, 2.

Manoj Yadav, son of Bhutto Yadav @ Sargun Yadav, Resident of Ambatikar, P.S.-Barahat, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajib Ranjan Jha, Advocate.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Banka (Barahat) P.S. Case No. 465 of 2018, instituted for the offence under Section(s) 147, 148, 149, 307, 323, 337 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act. Counsel for the petitioners submits that there is case and counter case between the parties. The informant and his family members have filed the instant case to save their skin from counter case bearing Banka (Barahat) P.S. Case No. 464 of 2018 which has been filed by petitioner No. 2 for the same date of occurrence against the informant and his other family members.

Patna High Court Cr.Misc. No.4855 of 2019(2) dt.05-02-2019 2/2 In the instant case there is allegation that petitioner No. 2 threw Bomb on elder brother of the informant, on account of which, he fell on the ground and sustained injury in the thigh. The petitioner No. 1 is alleged to be holding musket in his hand.

It is mentioned in paragraph-9 of the bail petition that Doctor has found injury on the person of the informant as well as elder brother to be simple in nature. Petitioners are in custody since 10.7.2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioner above named, 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, Banka, in connection with Banka (Barahat) P.S. Case No. 465 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T