Mukesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8011 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- NAWADA District- Nawada ======================================================
1. Mukesh Yadav, aged about 27 years, Male, S/o Bachchan Yadav
2. Ajay Yadav, age about 22 years, Male, S/o of Bachchan Yadav
3. Virendra Yadav, age about 24 years, Male, S/o Alakhdeo Yadav
4. Bachchan Yadav, age about 25 years, Male, S/o Late Daso Yadav All are resident of Village-Bharain Tola @ Jharian Tola, Harihar Bigha, P.S.- Nawada (Kadirganj), District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Nawada Town (Kadirganj) P.S. Case No. 534 of 2018 registered for offences under sections 147, 148, 149, 447, 341, 323, 307, 504, 379 of the Indian Penal Code. The prosecution case in short is that on 31.7.2018, all the accused persons armed with Garasa, Khanti and Lathi came at the door of the Informant and started abusing. When the mother of the Informant protested, Ajay and Alakhdeo assaulted his mother with lathi and danda. Bachchan Yadav assaulted the Informant by Garasa on his head. Virendra Yadav assaulted by
Patna High Court Cr.Misc. No.8011 of 2019(2) dt.13-02-2019 2/2 Khanti causing injury on the temporal region and shoulder of his brother.
Learned counsel for the petitioner has drawn attention of this Court towards paragraph no.6 of the impugned order wherein it has been recorded that all the injuries are simple in nature.
As all the offences are bailable, in such circumstances, the question of apprehension of arrest does not arise. However, if the charge-sheet is filed for non-bailable offences, the petitioners will be at liberty to renew their prayer. This application is, accordingly, disposed of. (Shivaji Pandey, J) rishi/- U T