Giranand Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.60297 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60297 of 2017 Arising Out of PS.Case No. -186 Year- 2017 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Giranand Yadav, S/o Late Danilal Yadav,

2. Dilip Yadav @ Dilip Kumar Yadav, S/o Satto Yadav, Both residents of village Charaiya Ward No. 10, P.S. Bhargama, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 147, 148, 149, 341, 324, 325, 307, 427, 379, 504 and 506 of the Indian Penal Code.

It is submitted by the counsel for the petitioners that the allegation against the petitioner no. 1 is of assault by Farsa whereas against petitioner no. 2 of assault by butt of three naught. The injury report which has been annexed as Annexure 2 of the bail application does not support the allegations. He further submits that the informant and the petitioners are agnates. They have falsely been implicated in this case which is obvious from Bhargama P.S. Case No. 189 of 2017 lodged against the informant

Patna High Court Cr.Misc. No.60297 of 2017 (2) dt.20-12-2017 by the petitioner no. 2. The petitioners are in jail custody since 7.9.2017 and 6.9.2017 respectively.

In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Bhargama P.S. Case No. 186 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T