Rajendra Yadav @ Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1055 of 2019 Arising Out of PS. Case No.-99 Year-2017 Thana- THAKRAHA District- West Champaran ====================================================== 1.

RAJENDRA YADAV @ HARENDRA YADAV Son of Late Yamuna Yadav R/o village- Machchhaha, P.S.- Bhitaha O.P., District- West Champaran at Bettiah 2.

Gajendra Yadav Son of Late Yamuna Yadav R/o village- Machchhaha, P.S.- Bhitaha O.P., District- West Champaran at Bettiah ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raghunandan Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 08-04-2019 The appellants seek pre arrest bail in connection with Thakraha (Bhitaha O.P.) P.S. Case No. 99 of 2017, registered for offences punishable under Sections 323, 504/34 of the Indian Penal Code and Section 3 (i)(r) of SC/ST Act.

Allegation against the appellants is of assault to the informant.

It has been submitted on behalf of the appellants that they have falsely been implicated in this case and from the F.I.R. itself it is evident that the informant himself had gone to the informant and demanded toddy and when the appellants denied to give him toddy he became angry and started quarrel with the appellants and further there is no allegation against the appellants of abusing the informant

Patna High Court CR. APP (SJ) No.1055 of 2019 dt.08-04-2019 2/2 by caste name.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran, Bettiah in connection with Thakraha (Bhitaha O.P.) P.S. Case No. 99 of 2017, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date