Yamuna Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36181 of 2015 Arising Out of PS.Case No. -93 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Yamuna Yadav Son of Panda Yadav

2. Subodh Yadav Son of Yamuna Yadav Both Residents of village - Dhindhor Bigha, P.S. Belaganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 448, 379, 506, 34 of the Indian Penal Code. The prosecution case is that for a dispute with regard to filling earth co-accused Lalan Yadav assaulted with farsa to the informant and when the family members of the informant came to rescue then co-accused Laldeo Yadav assaulted the brother of the informant Shivsharan Yadav with Khanti. It is alleged that co-accused Sakaldeo Yadav, Pintu Kumar and petitioner No. 1 assaulted the sons of informant namely Sikandar Kumar and Pappu Yadav and sister-in-law Lala Devi. It is also alleged that petitioner No. 2 also made assault.

Patna High Court Cr.Misc. No.36181 of 2015 (2) dt.07-09-2015 2/2 It is submitted by learned counsel for the petitioners that injuries of the informant's side have been found to be simple except the injuries of Shivsharan Yadav which has specifically been caused by co-accused Laldeo Yadav. The accusation of assault against the petitioners is omnibus and general. There is counter version of the occurrence also. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 93 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T