Chandra Yadav @ Chandar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34782 of 2015 Arising Out of PS.Case No. -125 Year- 2014 Thana -PARAIYA District- GAYA ======================================================

1. CHANDRA YADAV @ CHANDAR YADAV son of Yodhi Yadav

2. Harihar Yadav son of Yodhi Yadav

3. Mallu Yadav son of Harihar Yadav

4. Yodhi Yadav @ Jodhi Yadav Son of Late Govind Yadav

5. Abodh Yadav @ Awadh Yadav son of Ratan Yadav

6. Vimlesh Yadav son of Prameshwar Yadav All resident of village Khiri, P.S.- Paraiya, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 341 of the Indian Penal Code. The prosecution case is that nine accused persons came variously armed when Ramratan Yadav(nonpetitioner) assaulted with Khanti causing injury on the forehead of the informant. When cousin brother of the informant Teni Yadav and nephew Dharmendra Kumar came to rescue, they both were assaulted by the accused persons. It is submitted by learned counsel for the petitioners that only specific accusation of assault is against

Patna High Court Cr.Misc. No.34782 of 2015 (2) dt.18-08-2015 2/2 Ramratan Yadav who is not petitioner before this Court. The injuries of the informant and his brother Teni Yadav have been found to be simple, whereas one injury of the nephew of the informant Dharmendra Kumar has been found to be grievous but accusation of assault to him is general and omnibus against all the accused persons. There is counter version of the occurrence also and petitioners' side also received grievous injuries.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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 Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 125 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T