Deo Narayan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15881 of 2015 Arising out of PS.Case No. -64 Year- 2014 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================

1. Deo Narayan Yadav.

2. Shiv Nandan Yadav. Both 1 and 2 are Sons of Late Muneshwar Yadav.

3. Jamun Yadav .

4. Bhushan Yadav. Both 3 and 4 are Sons of Deo Narayan Yadav.

5. Kari Yadav, Son of Shiv Nandan Yadav. All are residents of village - Kamargama, Mauza Taraiya Tola, Police Station - Singheshwar, District - Madhepura.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Satish Kumar Singh, Advocate. For the Opposite Party : Mr. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Singheshwar P.S. Case No. 64 of 2014 for the offences instituted under Sections 147, 148, 341, 323, 325, 354, 379, 504, 506 of the IPC and 27of the Arms Act. The prosecution story, in brief, is that the petitioners alongwith other co-accused Pawan Yadav assaulted the informant causing fracture of his hand and further on the order of the petitioner Shiv Narayan Yadav, the petitioners Jamun Yadav and

Patna High Court Cr.Misc. No.15881 of 2015 (4) dt.03-09-2015 2/3 Bhushan Yadav assaulted the wife of the informant and snatched silver chain and golden ear-ring from her. It has been further alleged that co-accused Pawan Yadav took out cash of Rs. 5,000/- and a Nokia mobile from the informant and threatened to kill him by fire shots. It has been further alleged that the petitioner Jamun Yadav fired shot from his country made pistol. It has been further alleged that the villagers brought the informant to Government Hospital, Singheshwar from where the informant has been referred to Sadar Hospital, Madhepura for treatment.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case due to village politics. It is further submitted that the injuries are simple in nature. So far as the allegation of offence under Sections 379 and 354 of the I.P.C. are concerned, they are ornamental in nature. It is further submitted that the F.I.R. has been instituted after two days of the occurrence for which no explanation has been made on behalf of the petitioners.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a

Patna High Court Cr.Misc. No.15881 of 2015 (4) dt.03-09-2015 3/3 period of four weeks from today in connection with Singheshwar P.S. Case No. 64/2014 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., Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T