Santosh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10458 of 2016 Arising out of PS.Case No. -9 Year- 2016 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Santosh Yadav.
2. Mukesh Yadav, both Sons of Umesh Yadav.
3. Umesh Yadav, son of Late Ishwar Yadav, all residents of village - Chotaki Dhanuki, P.s. - Manpur, District - Nalanda. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Satya Prakash, Advocate. For the Opposite Party : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Manpur P.S. Case No. 09 of 2016 for the offences instituted under Sections 341, 323, 324, 307, 504/34 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant was in his house the petitioners started abusing to each other and on protest being made by the informant, the petitioners started firing and assaulted the informant and his son with fists and slaps. Upon which the
Patna High Court Cr.Misc. No.10458 of 2016 (2) dt.18-04-2016 2/2 informant's son got injury.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. It is a case and counter case. Nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. 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 period of six weeks from today in connection with Manpur P.S. Case No. 09/2016 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., Nalanda at Bihar Shariff, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T