Gayanand Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30794 of 2018 Arising Out of PS. Case No.-316 Year-2016 Thana- ALOULI District- Khagaria ======================================================
1. Gayanand Yadav, S/o Late Bino Yadav,
2. Sunil Yadav, S/o Shambhu Yadav
3. Shambhu Yadav, S/o Govind Yadav All are Resident of Village- Chilkauri, P.S.- Alauli, DistrictKhagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajit Kumar, Adv.
For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,504,506,379/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 27.12.2016 submitted by Hansi Devi to the Station House Officer, Alauli Police Station, to the effect that 26.12.2016, at 9.00 A.M., the 6 FIR named accused persons, including the petitioners attacked the house of the informant. The brother-in-law of the informant Surya Narayan Yadav and Vishwanath Yadav were subjected to injury caused by dabiya at
Patna High Court Cr.Misc. No.30794 of 2018(2) dt.18-05-2018 2/3 the hands of petitioner no.1 Gayanand Yadav and co-accused Abhisekh Yadav, whereas, petitioner no.2 Sunil Yadavand coaccused Anil Yadav assaulted with country made pistol and farsa on the head of the nephew of the informant, namely, Brij Kishore Yadav. It is alleged against petitioner no.3 that he tried to strangulate the nephew of the informant.
It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute. The injury of the informant and others have been found to be simple in nature. There is counter version of the occurrence also being Alauli P.S. Case No.315 of 2016, lodged by co-accused Anil Yadav. A statement has been made in paragraph no.3 of the petition that the petitioners are accused in one other case apart from the present case.
It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the nature of accusation and injury being found simple in nature, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.30794 of 2018(2) dt.18-05-2018 3/3 satisfaction of the learned CJM, Khagaria, in connection with Alauli P.S. Case No.316 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T