Birendra Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.38956 of 2014 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38956 of 2014 Arising Out of PS.Case No. -91 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================

1. Birendra Yadav Son of Late Jago Yadav

2. Shambhu Yadav Son of Bhulan Yadav Resident of Village - Panbharwa, P.S. - Khaira, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-03-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, namely, Birendra Yadav and Shambhu Yadav who apprehend their arrest in Khaira P.S. Case No.91 of 2014 under Sections 147, 148, 149, 323, 325, 307, 452, 379, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioners submitted that the allegation of assault against these petitioners is on Okil Modi. The injury report of Okil Modi has been annexed as Annexure II at page 14 from which it will appear that simple injuries were found on the person. According to the learned counsel, in fact, the son of Khublal Yadav, the informant's party, who is also accused in this case, was brutally assaulted by the informant party, as a result of which, he became unconscious and was admitted in

Patna High Court Cr.Misc. No.38956 of 2014 (2) dt.27-03-2015 Hospital. Therefore, a case has been filed against the informant party under Section 307 I.P.C. Because of this case, the informant party has filed this counter case against the petitioners including others.

Perused the F.I.R. and the injury report. It appears that the allegation against these two petitioners is of assault on Okil Modi. It further appears that he has only received two injuries which are simple in nature. Admittedly, there is countercase also. The injury report of the son of Khublal Yadav Annexure II disclosed that he was brought to the Hospital in unconscious condition and the Doctor opined that injury nos.1 and 2 are dangerous to life.

In view of the above facts and circumstances of the case, I direct the petitioners named above to surrender before the court below within one month from today and on their so surrendering, the petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri B.K.Singh, learned Judicial Magistrate 1st Class, Jamui in connection with Khaira P.S. Case No.91 of 2014.

Saurabh/- (Mungeshwar Sahoo, J) U T