Suresh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34898 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -CHANDRADEEP District- JAMUI ======================================================
1. Suresh Yadav S/o Jago Yadav
2. Pawan Yadav @ Pawan Kumar S/o Suresh Yadav
3. Bablu Yadav S/o Suresh Yadav .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 324, 504, 379, 506/34 of the Indian Penal Code.
It is alleged that on protest being made for grazing the onion crops of the informant through animals, the accused persons assaulted the wife of the informant with 'tangi' and 'kulhari' and snatched jewellary when son of informant, namely, Sujit Kumar came to rescue, he was also assaulted by the accused persons with 'axe'.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general when the injury has
Patna High Court Cr.Misc. No.34898 of 2015 (2) dt.03-09-2015 2/2 been found to be simple in nature. A statement to that effect has been made in paragraph 8 of the petition which reads as follows : "8. That the injuries on the person of the prosecution person are simple in nature."
Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Chandradeep P.S. Case No.30 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The provisional bail of the petitioners shall be confirmed by the learned court below on verification of the fact that informant's side has not received any grievous injury, but if it is found that the informant's side has received grievous injury, then the petitioners shall surrender and pray for regular bail. (Dinesh Kumar Singh, J) Ashwini/- U T