Rambali Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4507 of 2019 Arising Out of PS. Case No.-118 Year-2017 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Rambali Yadav 2.

Fulen Yadav Both sons of Shivji Yadav, Resident of Village- Shekh Mohan, Police StationBibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Bibhutipur P.S. Case No. 118 of 2017, instituted for the offence under Section(s) 147, 148, 447, 341, 323, 307, 325, 354, 380, 504 and 506 of the Indian Penal Code.

Counsel for the petitioners submits that there is case and counter case between the parties. The counter case has been filed by Ram Sunder Rai against the informant and others vide Vibhutipur P.S. Case No. 117 of 2017.

In the instant case it is alleged that petitioner No. 1 assaulted Mahendra Yadav on his head and petitioner No. 2 gave Bhala blow on Rajendra Rai.

Patna High Court Cr.Misc. No.4507 of 2019(3) dt.08-02-2019 2/2 The injury report of both the injured has been enclosed as Annexure-3 wherein the Doctor has found one stitch wound over frontal region of Mahendra Ray measuring 4 cm and opinion has been kept reserved. He has found simple injury on the person of Rajendra Ray.

In the injury report there is no description of instrument used in the assault.

Petitioners are in custody since 25.10.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners 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 Additional Chief Judicial Magistrate-I, Rosera, Distt. Samastipur, in connection with Bibhutipur P.S. Case No. 118 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T