Mithilesh Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5509 of 2015 Arising Out of P.S. Case No. -78 Year- 2014 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================
1. Mithilesh Yadav Son of Bihari Yadav
2. Sunil Yadav Son of Ramashray Yadav Both resident of village - Dullabigha, P.S. Sare District - Nalanda
3. Babloo Kumar Son of Parmod Yadav resident of village - Gordhoba, P.S. Deepnagar, Distt. Nalanda
4. Khota Yadav Son of Goma Yadav resident of village - Gorba Bartar, P.S. Sare, District - Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.
The petitioners, four in number, apprehend their arrest in a case registered under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act. Pokhan Yadav, the informant, named the petitioners and alleged that the petitioners made firing but nobody was injured. The informant and others were injured on account of the assault made by lathi and other weapons.
Learned counsel for the petitioners submits that from the side of the petitioners, Gorelal Yadav lodged Sare P.S. Case
Patna High Court Cr.Misc. No.5509 of 2015 (2) dt.10-02-2015 2/3 No. 79/14 against the informant and others. Gorelal Yadav got many firearm injuries. Ramashray Yadav also got injuries. Pokhan Yadav, the informant of the present case, and others, namely, Sadho Yadav, Vijay Yadav, Umesh Yadav Sitaram Yadav and Awadhesh Yadav received injuries but all the injured persons got simple injuries. Other accused persons, namely, Shivbalak Yadav, Pankaj Yadav, Ramasarya Yadav, Ramlagan Yadav and Bihari Yadav have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 3276 of 2015.
It appears that there is a case and counter-case. Nobody from the side of the informant got firearm injury whereas from the side of the petitioners, Gorelal Yadav got pellet injuries. From the side of the informant, six persons are said to have been injured but all have got simple injuries.
Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Sare P.S. Case No. 78/2014, subject to the
Patna High Court Cr.Misc. No.5509 of 2015 (2) dt.10-02-2015 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T