Chando Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8940 of 2016 Arising Out of PS. Case No. -120 Year- 2015 Thana -KAUAKOL District- NAWADA ======================================================

1. Chando Yadav, Son of Parbhu Yadav

2. Bikki Yadav @ Bikash Kumar, Son of Hari Yadav

3. Gorelal Yadav, Son of Ramgulam Yadav

4. Parmod Yadav, Son of Rekha Yadav

5. Ramesh Yadav, Son of Late Sahdeo Yadav All are Resident of village - Mahendar, P.S. Kawakole, District - Nawada .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. A. Dayal (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-04-2016 Heard learned counsel for the petitioners and the Additional Public Prosecutor.

Learned counsel for the petitioners seeks permission to withdraw this application on behalf of petitioner no. 1, namely, Chando Yadav, as he has already been arrested. Permission is accorded.

The anticipatory bail application filed on behalf of petitioner no.1 is dismissed as withdrawn.

The rest of the petitioners apprehend their arrest in a case under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.8940 of 2016 (2) dt.22-04-2016 2/2 One Mano Sao alleged that on 21.10.2015, the accused persons including the petitioners assaulted his son Ranjeet Yadav, as the she-goat was grazing in the field, near Devi Asthan. It is alleged that petitioner no.1 assaulted with Tangi on the head of the informant's son and thereafter the other coaccused dragged and thereafter also assaulted him. The petitioners submit that the occurrence took place on account of land dispute. They further submit that except injury caused on informant's son, which is attributed to petitioner no.1, all the injuries are simple in nature.

As the petitioners are named in the F.I.R. and the allegations made therein, I am not inclined to grant anticipatory bail to them and the same is rejected. However, if they surrender before the court below and pray for regular bail, the same would be disposed of on the same day taking into consideration that the other injuries caused on the informant and his son, all are simple in nature.

(Samarendra Pratap Singh, J.) Uday/- U T