Rajdhar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11397 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== 1.

RAJDHAR YADAV Son of Late Yugeshwar Yadav @ Bilat Yadav Resident of Village - Bhanpur, P.S. Babubarhi District Madhubani. 2.

Lakshman Yadav Son of Khakhan Yadav Resident of Village - Bhanpur, P.S. Babubarhi District Madhubani.

3.

Arvind Yadav @ Arvind Kumar Yadav Son of Ram Chandra Yadav Resident of Village - Bhanpur, P.S. Babubarhi District Madhubani. 4.

Navin Yadav @ Navin Kumar Yadav Son of Ramchandra Yadav Resident of Village - Bhanpur, P.S. Babubarhi District Madhubani. ... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Hriday Narayan Harshit, Advocate.

For the State :

Mr. Dashrath Mehta, A.P.P.

For the Informant : Mr. Gagandeo Yadav, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Babubarhi P.S. Case No. 85 of 2018/CRI No.1033 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 354(B), 379 and 504 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that 16 persons, named in the F.I.R., including the petitioners came at the land of the informant

Patna High Court CR. MISC. No.11397 of 2019(3) dt.17-05-2019 2/3 Kaushalya Devi, where her son Manoj Kumar Yadav was erecting the thatched wall, and stopped the work. Thereafter, the informant and her son Manoj Kumar Yadav made protest, saying that the land is belonging to them. Thereafter, on the order of Raj Kumar Yadav to shot fire, some persons started to cause assault to Manoj Kumar Yadav, the son of the informant, through lathi and danda. When Manoj Kumar Yadav, the son of the informant, started to flee away, then Anil and Ramchandra opened fire, which hit on the right leg of the informant and beneath the waist of Ranjeet Yadav, the grandson of the informant.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. along with 12 others but no specific allegation is attributed to them, rather the specific allegation is to cause firearm injury at the right leg of the informant and beneath the waist of her grandson is against Anil and Ramchandra.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.11397 of 2019(3) dt.17-05-2019 3/3 each to the satisfaction of the Additional Chief Judicial Magistrate-III, Madhubani, District-Madhubani, in connection with Babubarhi P.S. Case No.85 of 2018/CRI No.1033 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T