Umesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12571 of 2019 Arising Out of PS. Case No.-463 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== 1.

Umesh Yadav, Aged about 51 years, Male, Son of Nathu Yadav, Resident of Village - Ilara, P.S. Cherki, District -Gaya 2.

Ashok Yadav @ Ashok Kumar, Aged about 22 years, Male, Son of Umesh Yadav, Resident of Village - Ilara, P.S. Cherki, District -Gaya 3.

Nirmala Devi, Aged about 49 years, Female, Wife of Umesh Yadav, Resident of Village - Ilara, P.S.Cherki, District -Gaya 4.

Shibu Yadav, Aged about 36 years, Male, Son of Kali Yadav, Resident of Village - Amarbigha, P.S.- Bodh Gaya, District - Gaya 5.

Bundal Yadav @ Bandul Yadav, Aged about 35 years, Male, Son of Sahdeo Yadav, Resident of Village - Amarbigha, P.S.- Bodh Gaya, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2019 Heard both sides.

Petitioners apprehend their arrest in Bodh Gaya (Cherki) P.S. Case No.463 of 2018, registered under Sections 307, 379 and other sections of the Indian Penal Code. The informant, Ishwar Yadav, named the petitioners and alleged that they having armed with different weapons came near the house of the informant. The accused persons were enraged on account of construction of projectile of the house of the informant. Umesh Yadav, petitioner no.1 is said to have taken the iron rod from the possession of Ashok Yadav and assaulted the informant

Patna High Court CR. MISC. No.12571 of 2019(3) dt.23-05-2019 2/2 on his head. Other accused persons are also alleged to have assaulted the informant.

Learned counsel for the petitioners submits that the occurrence took place due to land dispute. The informant encroached the land of the petitioners and constructed his house. The injuries found on the person of Ishwar Yadav, the informant, are simple in nature. One lacerated wound over scalp and another injury abrasion over right forearm were found. Both the injuries are simple in nature.

Taking into consideration the facts and nature of allegations 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 C.J.M., Gaya in connection with Bodh Gaya (Cherki) P.S. Case No.463 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T