Vijay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26467 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Vijay Yadav

2. Ajay Yadav Both are Sons of Rameshwar Yadav

3. Baudhi Yadav @ Baudhu Yadav

4. Uday Yadav Both are Sons of Jeeblal Yadav All are resident of VillageHurarahi, P.S.- Akbarpur, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-07-2015 Heard learned counsel for petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Akbarpur P.S. Case No. 49 of 2015 registered for the offence under Sections-307, 427 & other minor sections of the Indian Penal Code.

Petitioners are named in the first information report and there is specific allegation against petitioner No. 1 that he gave Gadansda blow on the head of the informant whereas; there is specific allegation against petitioner No. 4 that he assaulted the informant's father with iron rod. Furthermore, it is alleged that the informant's younger brother namely, Sakindra Yadav was assaulted by all the petitioners including co-accused. Learned counsel for petitioners submits that in the present case, two persons sustained injury and the aforesaid fact

Patna High Court Cr.Misc. No.26467 of 2015 (2) dt.17-07-2015 2/2 has specifically been mentioned at paragraph-8 of the petition. It is also pointed out on behalf of the petitioners that both the injured sustained superficial injuries, said to be caused by hard and blunt substance and simple in nature.

Considering the aforesaid facts and circumstances as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, let the petitioners named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Akbarpur P.S. Case No. 49 of 2015 to the satisfaction of Chief Judicial Magistrate, Nawada subject to conditions as laid down u/S 438(2) of the Cr. P.C. It is made clear that the concerned court shall verify this fact as to whether informant's younger brother, namely, Sakindra Yadav sustained any injury or not and if, it is found that the aforesaid Sakindra Yadav sustained injury of serious nature, the bail bonds of the petitioners shall not be accepted by the concerned court.

(Hemant Kumar Srivastava, J) A.K.V./- U T