Shibu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69920 of 2018 Arising Out of PS. Case No.-14 Year-2017 Thana- CHANDAN District- Banka ======================================================

1. Shibu Yadav, Son of Mahendra Yadav,

2. Mahendra Yadav, Son of Sokhi Yadav @ Sokho Yadav, Both are resident of Village- Muskorwa, P.S.- Chandan (Anandpur), District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 308, 447, 427 and 504/34 of the IPC.

The prosecution case, as per the written report of Ram Kisun Yadav, dated 17.02.2017, submitted to the Station House, Chandan (Anandpur) Police Station, is to the effect that five accused persons including the petitioners were digging soil from the land of the informant and on protest being made, they started assaulting the informant. It is specifically alleged that coaccused Munna Yadav assaulted the son of the informant with iron rod, causing fracture injury on the left temporal bone. It is submitted by learned counsel for the petitioner that the accusation against the petitioners is omnibus and general. The

Patna High Court Cr.Misc. No.69920 of 2018(2) dt.05-12-2018 2/2 accusation of causing grievous injury to the son of the informant is against co-accused Manoj Yadav. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR.

Considering the fact that specific accusation of causing grievous injury to the son of the informant is against coaccused Manoj Kumar, nature of accusation against the petitioners being omnibus and general, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Banka in connection with Chandan (Anandpur) P.S. Case No. 14 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T