Subhash Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13824 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Subhash Yadav, S/o Surendra Yadav
2. Tapeshwari Yadav @ Keman Yadav S/o late Ruplal Yadav
3. Anil Yadav @ Anil Kumar Yadav S/o late Shivdhar Yadav
4. Mithlesh Kumar, S/o Gorelal Yadav
5. Pravesh Yadav @ Prawesh Kumar S/o Surendra Yadav All are residents of Village-Khutti, P.S.- Chhatapur, District- Supaul. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Chhatapur P.S. Case No. 253 of 2015 registered under Sections 341, 323, 324, 307, 379 and 504 read with 34 of the Indian Penal Code.
It is contended that the petitioners are rustic villagers and they have falsely been implicated in the present case. The specific allegation of causing injury on head of the informant is
Patna High Court Cr.Misc. No.13824 of 2016 (2) dt.01-04-2016 2 / 2 against one Giranand Yadav who is not the petitioner in the present case. It is further contended that so far as the petitioners are concerned, there is an omnibus and general allegation and the injury report would reflect that only one injury caused on head was found to be grievous which is attributed to co-accused Giranand Yadav. The two other injuries are simple and superficial in nature.
Regard being had to the facts and circumstances, in the event of arrest or surrender in the court below within six weeks from today, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Supaul in connection with Chhatapur P.S. Case No. 253 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T