Kamal Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.29889 of 2015 (2) dt.31-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29889 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -AMAS District- - ======================================================

1. Kamal Yadav

2. Pintu Yadav @ Pintu Kumar

3. Dara Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 31.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Amas P. S. case no. 08/2015 registered under section 307 and other allied sections of the Indian Penal Code. Admittedly, there is case and counter case between the parties and both parties are levelling allegation of assault against each others but in the present case, there is specific allegation against petitioners no.1 and 2 that they assaulted the injured Nageshwar Yadav causing fracture on his hand. So far as petitioner no.3 is concerned, omnibus allegation of assault has been levelled against him and it is stated that he along with others assaulted one injured who sustained only two injuries. One injury is on right upper arm while other is lacerated wound on right thumb and both the

Patna High Court Cr.Misc. No.29889 of 2015 (2) dt.31-07-2015 injuries were found simple in nature caused by hard and blunt substance.

So far as injured- Nageshwar Yadav is concerned, he sustained grievous injury.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner no.3, namely, Dara Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Sherghati, Gaya/concerned court in Amas P. S. case no. 08/2015 subject to condition as laid down under section 438(2) of the Cr.P.C. So far as petitioners no.1 and 2 are concerned, their prayer for anticipatory bail in connection with Amas P. S. case no. 08/2015 stands rejected.

shahid (Hemant Kumar Srivastava,J) U T