Mithlesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22602 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Mithlesh Yadav son of Kameshwar Yadav

2. Chunchun Yadav son of Kameshwar Yadav

3. Sanoj Yadav son of Nanhak Yadav

4. Bablu Yadav son of Sugo Yadav All are residents of village - Barahi Bigha, Police Station - Wazirganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner nos. 1,2 and 3 and the State.

The petitioner nos. 1,2 and 3 are apprehending their arrest in a case instituted under Section 302 and other allied Sections of the Indian Penal Code.

It is alleged that for a petty scuffle on the eve of Holi ten persons including the petitioners came variously armed and started assaulted the uncle of the informant Jagdish Yadav. It is specifically alleged that Dilip Mistry and Kapindra Mistri pierced a pointed rod on the head and right knee of the uncle of the informant and when co-villager Sanjay Yadav came to rescue then he was also assaulted by the accused persons. Subsequently uncle

Patna High Court Cr.Misc. No.22602 of 2015 (3) dt.03-09-2015 2/2 of the informant Jagdish Yadav succumbed to the injuries. On behalf of the petitioners it has been submitted that the petitioners have got no criminal antecedent. General and omnibus allegation has been made against the petitioners. The main allegation is against Dilip Mistry and Kapindra Mistry. It is further submitted that other co-accused have been granted bail vide order dated 21.08.2015 in Cr. Misc. No. 35978 of 2015. On behalf of the State it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioner nos. 1,2 and 3, namely, Mithilesh Yadav, Chunchun Yadav and Sanoj Yadav, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned C.J.M., Gaya in connection with Wazirganj P.S.Case No.65 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T