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Patna High CourtCR. MISC./35988/2014bail granted

Gajendra Kumar @ Gajendra Yadav And ORS v. The State Of Bihar

2015-02-11Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35988 of 2014 Arising Out of P.S. Case No. -45 Year- 2014 Thana -KURTHA District- JEHANABAD ======================================================

1. Gajendra Kumar @ Gajendra Yadav S/o Ramadhar Singh

2. Pappu Yadav @ Pappu Kumar S/o Ramadhar Singh

3. Shiv Yadav @ Shibu Yadav S/o Late Kailash Yadav All Resident of Village Kutubpur, P.S. Kurtha, District Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Shekhar Dwivedi, Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-02-2015 Heard learned counsel for the parties.

The three petitioners apprehend their arrest in connection with Kurtha P.S. Case No. 45 of 2014 for the offences punishable under Sections 147, 148, 149, 341, 323, 325 and 307 of Indian Penal Code.

Learned counsel for the petitioners with reference to the allegations set out in the F.I.R., a copy of which is placed at Annexure-1 has submitted that whereas there is a specific allegation against accused Kamlesh Yadav of assaulting informant on his forehead, the allegations against the three petitioners of assault by lathi and danda has been made in an omnibus manner.

Patna High Court Cr.Misc. No.35988 of 2014 (3) dt.11-02-2015 2 / 2 Pursuant to the directions of this Court the case diary has been received and learned counsel with reference to the injury report of the informant submits that except for the injury on his forehead, there is no other injury.

In the circumstances and taking note of the submissions of learned counsel, let the petitioners namely, (1) Gajendra Kumar @ Gajendra Yadav, (2) Pappu Yadav @ Pappu Kumar and (3) Shiv Yadav @ Shibu Yadav in the event of their arrest/surrender within four weeks from today, be released on bail upon furnishing of individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jehanabad in connection with Kurtha P.S. Case No. 45 of 2014 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

Let the case diary be returned to the Court concerned forthwith.

(Jyoti Saran, J) Bibhash/- U T