Khuso Yadav @ Khushi Yadav @ Kushi Lal Yadav And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.48509 of 2015 (2) dt.03-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48509 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -GWALPARA District- MADHEPURA ======================================================

1. Khuso Yadav @ Khushi Yadav @ Kushi Lal Yadav

2. Birendra Yadav

3. Dilwar Yadav All sons of Late Baldeo Yadav residents of village - Sukhasan, Police Station - Gwalpara ( Arar O.P. ), District - Madhepura.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Gwalpara P.S. Case No. 60 of 2015 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504, 506 of the Indian Penal Code.

The allegation against the petitioners is that for putting Taat by the informant they abused her and assaulted with lathi and Danda whereas other co-accused assaulted Ajay Kumar, Binchu Yadav and the informant.

Submission is of false implication and that there is case and counter case, due to land dispute the case has been registered only with a view to put pressure, on the person of the informant two simple injuries have been found caused by hard and blunt

Patna High Court Cr.Misc. No.48509 of 2015 (2) dt.03-12-2015 substance which are superficial in nature, the petitioners have voluntarily surrendered on 26.07.2015 and since then they are in custody.

Learned APP after going through the injury report vide annexure-2 fairly submits that the informant has received two simple injuries caused by hard and blunt substance. In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S. K. Singh, J. M. ist Class, Udakisunganj, Madhepura in connection with Gwalpara (Arar O.P.) P.S. Case No. 60 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T