Ram Nath Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14103 of 2019 Arising Out of PS. Case No.-427 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== 1.
Ram Nath Yadav, aged about 60 years, Male, Son of Chandrika Yadav, Resident of Village - Katteyia, P.S.- Bihiya, District - Bhojpur 2.
Saroj Yadav, aged about 33 years, Male, Son of Dhanesh Yadav, Resident of Village - Katteyia, P.S.- Bihiya, District - Bhojpur 3.
Salik Yadav, aged about 50 years, Male, Son of Ganesh Yadav, Resident of Village - Katteyia, P.S.- Bihiya, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Bhushan Singh For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2019 Heard both sides.
Petitioners apprehend their arrest in Bihiya P.S. Case No.427 of 2018, registered under Section 307 and other minor sections of the Indian Penal Code.
The informant alleged that due to quarreling between the children of the two families, his brother Awadh Mahto went to pacify the matter but Lalu Yadav, Sanjeet @ Aliyar Yadav and Baliram Yadav assaulted his brother with stick. Ram Nath Yadav, petitioner no.1, Malik Yadav, Baliram Yadav, Saroj Yadav, petitioner no.2 and Salik Yadav, petitioner no.3, also came there and assaulted the informant and other family members. It is further alleged that on the next day when his brother was going to ease
Patna High Court CR. MISC. No.14103 of 2019(2) dt.07-03-2019 2/2 out, the accused persons surrounded him and Sanjeet @ Aliyar Yadav assaulted him with iron rod on his head. Learned counsel for the petitioners submits that the petitioners are named in the FIR but no specific allegation is made against the petitioners. Many other accused persons have already been granted regular bail as the same would appear from the order of the learned Additional Sessions Judge.
Taking into consideration the facts that on petty dispute of children, the petitioners and others are alleged to have assaulted the informant and his family members but no specific allegation of assault is made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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 the learned A.C.J.M.-5, Ara in connection with Bihiya P.S. Case No.427 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T