Gandhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16414 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- MANIHARI District- Katihar ====================================================== 1.

GANDHI YADAV S/o Late Ram Nath Yadav Resident of Village - Baghmara, P.S. - Manihari, District - Katihar. 2.

Sandhu Yadav @ Sandhu Kumar Yadav S/o Jawahar Yadav Resident of Village - Baghmara, P.S. - Manihari, District - Katihar. 3.

Jawahar Yadav S/o Late Ram Nath Yadav Resident of Village - Baghmara, P.S. - Manihari, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 308, 379, 427, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, petitioners alongwith other F.I.R. named accused persons, armed with weapons, arrived and started assaulting informant and his father, due to which, his father sustained injury. It is further alleged that accused persons also took away cash of Rs. 5,000/- alongwith some ornaments from the possession of informant and coaccused Dhan Yadav assaulted with iron rod on the head of informant causing head injury.

Patna High Court CR. MISC. No.16414 of 2022(2) dt.27-09-2022 2/2 It is submitted on behalf of petitioners that both parties are gotiyas and due to petty dispute, a simple Maarpit took place. The allegation of assault is general and omnibus. Specific allegation of assault is against co-accused Dhan Yadav. Moreover, the injuries, sustained by the informant and his father, are simple in nature.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Manihari P.S. Case No. 49 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T