Bachchu Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33657 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -TEKARI District- GAYA ======================================================
1. Bachchu Yadav son of Late Ram Dahin Yadav.
2. Mukesh Kumar son of Ram Pravesh Yadav. Both resident of villageFenagi, Police Station- Tekari and District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 325, 379, 307, 504 of the Indian Penal Coded and 27 of the Arms Act.
The prosecution case is that the first information named accused persons including the petitioners came armed with deadly weapon in the house of the informant, assaulted him opened fire and robbed house hold articles including Rs. 3000/- . It is also alleged that one Balvinder Kewat was assaulted and caused injuries.
Patna High Court Cr.Misc. No.33657 of 2015 (2) dt.13-08-2015 2/2 It is submitted by the learned counsel for the petitioners that petitioners are co-villagers of the informant and There is counter version of the occurrence. None received any injuries and statements to this effect have been made in paragraph 7 and 8 of the petition. More over accusation with regard to the injury being caused has been subsequently inserted in the first information report which is apparent from the first information report. Informant has retracted from material version and has filed a petition to that effect before the learned court below.
Considering the aforesaid facts, the above named petitioners in the event of their arrest or surrender before the court below within a period of 12 weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Syed Qamrul Hasan Rizvi, J.M. Ist Class, Gaya in connection with Tekari P.S. Case No. 72 of 2015, subject to the conditions laid down under section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) M.