Deo Naraian Yadav @ Deona Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40283 of 2017 Arising Out of PS.Case No. -270 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Deo Naraian Yadav @ Deona Yadav, Son of Musuk Lal Yadav,

2. Kundan Yadav Son of Deo Narain Yadav, Both R/o Village- Khabda Kanhauli, P.S.- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kiran Sinha For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 04.07.2017 in connection with Narpatganj P.S. Case No. 270 of 2017 for offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioners have plucked mangoes from her mango tree and when she objected, the petitioners hurled abuses on her. Petitioners also reached her house, armed with iron rod and Farsa and assaulted the informant, her husband and her son by means of Farsa, iron rod and Lathi.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.40283 of 2017 (3) dt.02-11-2017 2/3 petitioners that they are innocent, bear no criminal history and petitioners are own agnates of the informant. He submits that injuries found on the informant side are simple in nature caused by hard and blunt substance. He further submits that charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence by the petitioners.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioners have brutally assaulted the informant and her family members.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail after completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 270 of 2017 subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioners and that petitioners will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail

Patna High Court Cr.Misc. No.40283 of 2017 (3) dt.02-11-2017 3/3 cancellation of their bail bonds.

(Nilu Agrawal, J) sushma/- T U