Gopali Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22177 of 2017 (2) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22177 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. Gopali Yadav, S/o Rameshser Yadav.

2. Gore Yadav, S/o Gopali Yadav.

3. Karu Yadav, S/o Gopali Yadav.

4. Madan Yadav, S/o Laulesh Yadav.

5. Upendra Yadav, S/o Laulesh Yadav, All Resident of Village- Yamunapur, P.S.- Wazirganj, District- Gaya. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners apprehend their arrest in connection with Wajirganj P.S. Case No. 3 of 2017 registered for the offences punishable under Sections 147, 149, 307, 323, 325, 379, 504 and 506 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused assaulted the informant, his wife and son with iron rod and further the petitioner no. 5 Upendra Yadav snatched gold locket of Hanumanjee and fled away after causing threats. Submission is of false implication and that there is no specific allegation against anyone, the injury found on Sheela Devi and Guddu Kumar, the wife and son of the informant, are

Patna High Court Cr.Misc. No.22177 of 2017 (2) dt.01-07-2017 simple caused by sharp cutting weapon whereas the injury caused to the informant is grievous in nature caused by sharp cutting weapon whereas there is allegation that the petitioners assaulted with iron rod so the manner of occurrence as alleged appears doubtful.

Learned APP after going through annxure-2 series submits that the injuries found are of sharp cutting weapon. In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Gaya in connection with Wazirganj P.S. Case No. 03 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T