Yogendra Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4929 of 2015 Arising Out of PS.Case No. -256 Year- 2014 Thana -TEKARI District- GAYA ======================================================

1. Yogendra Yadav Son of Suresh Yadav

2. Jitendra Yadav Son of Suresh Yadav

3. Kamta Yadav S/O Late Munath Yadav All are Resident of vill-Amaw, P.S-Tekari, Distt.- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.

The petitioners apprehend their arrest in Tekari P.S. Case No. 256 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that for cutting grass some verbal altercation had taken place. Ajay Yadav was going to market the petitioners and others intercepted him and abused him. Suresh Yadav is alleged to have assaulted with Lathi on his head and back. It is further alleged that Suresh Yadav also assaulted Sakaldeo Yadav, the father of the informant.

Learned counsel for the petitioners submits that the petitioners and others were assaulted for which wife of Suresh

Patna High Court Cr.Misc. No.4929 of 2015 (2) dt.04-02-2015 Yadav filed a petiton on 28.08.2014 before the S.S.P., Gaya on the basis of which Tekari P.S. Case No. 284 of 2014 was registered. The petitioners are alleged to have abused Ajay Yadav and Sakaldeo Yadav, the father of the informant, but there is no allegation of assault against the petitioners. On perusal of records, it appears that there is no specific allegation of assault against the petitioners. The allegation of assault is against Suresh Yadav. The occurrence took place due to cutting of grass.

Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Kumar Gunjan, the learned Ist Class, Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 256 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T