Mod. Narayan Yadav And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.28117 of 2015 (2) dt.27-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28117 of 2015 Arising Out of PS.Case No. -113 Year- 2015 Thana -MANIGACHI District- DARBHANGA ======================================================
1. Mod Narayan Yadav S/o Late Dukhi Yadav
2. Surya @ Suraj Yadav S/o Kamal Nath Yadav
3. Kamal Nath Yadav S/o Late Dukhi Yadav
4. Mahesh Yadav @ Mahesh Kumar Yadav S/o Mod. Narayan Yadav
5. Naresh Yadav @ Naresh Kumar Yadav S/o Mod. Narayan Yadav
6. Lal Babu Yadav @ Lal Bar Yadav S/o Deoban Yadav All Resident of Village Bhandarisam, P.S. Manigachi, District Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishwanath Prasad Singh, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-07-2015 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 323, 307 and 379 of the Indian Penal Code registered in connection with Manigachhi P.S. Case No. 113 of 2015.
3. It is submitted that the petitioners have been falsely implicated as a backlash to an earlier F.I.R. Manigachhi P.S. Case No. 90 of 2015 filed at the instance of the petitioner no. 1 instituted less than a month prior to the present F.I.R. It is further submitted that only petitioner no. 1 is said to have assaulted with farsha on the head
Patna High Court Cr.Misc. No.28117 of 2015 (2) dt.27-07-2015 of the informant. The accusations against the petitioner nos. 2 to 6 are general and omnibus of having assaulted with fists and slaps, lathi and rod.
4. Having regard to the injury sustained by the informant on the head being a vital part of the body which is said to be grievous, this Court is not inclined to grant privilege of anticipatory bail to the petitioner no. 1. The anticipatory bail petition of petitioner no. 1 stands dismissed.
5. Having regard to the general and omnibus nature of accusations against the petitioner nos. 2 to 6, in the event of the petitioner Nos. 2 to 6's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 2 to 6 be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Manigachhi P.S. Case No. 113 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) Md. Ibrarul/- U T