Jag Narayan Yadav And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16436 of 2016 Arising Out of PS.Case No. -622 Year- 2011 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================
1. Jag Narayan Yadav, S/o Late Kailash Yadav
2. Laxaman Yadav @ Laxuman Yadav, S/o Late Shiv Parsan Yadav Both resident of Village- Nadaon, P.S.- Buxar (M), District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mannu Chauhan, S/o Jata Shankar Chauhan, resident of Village- Nadaon, P.S.- Buxar (M), District- Buxar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Mrs. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2016 Heard both sides.
The petitioners, namely, Jag Narayan Yadav and Laxaman Yadav @ Laxuman Yadav, apprehend their arrest in a case under Sections 341, 323, 324, 307/34 of the Indian Penal Code.
The informant Mannu Chauhan himself disclosed in his Fardbeyan that he fired causing death of Hareram Ram but the second fire could not be triggered. On such, many villagers came there and assaulted the informant. The informant did not name any person who assaulted him. The police, after investigation, submitted final form in Buxar (Muffasil) P.S. Case No. 52/10. The final form was accepted. Thereafter, the informant filed a
Patna High Court Cr.Misc. No.16436 of 2016 (2) dt.10-05-2016 2/2 complaint case and on the basis of the evidence collected during the course of inquiry, the petitioners were summoned. It appears that the informant did not name the person who assaulted him although the informant himself admitted that he opened fire causing the death of Hareram Ram. The police did not find any involvement of the petitioners in course of investigation and the police submitted final form.
Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned 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 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Complaint Case No. 622(C)/2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T