Raj Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40680 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -KEOTI District- DARBHANGA ======================================================

1. Raj Kumar Yadav son of Rajendra Yadav

2. Jay Ram Yadav son of Late Bishundeo Yadav

3. Naresh Yadav son of Late Sahdeo Yadav

4. Ashok Yadav son of Rajendra Yadav All are residents of village - Dahipura, Police Station - Keoti, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : Ms. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioners apprehend their arrest in Keoti P.S. Case no. 17/2015, registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code. After some argument, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail petition of Raj Kumar Yadav (Petitioner no. 1). Accordingly, the anticipatory bail petition of Petitioner no. 1 Raj Kumar Yadav is dismissed as withdrawn.

Jay Ram Yadav, Petitioner no. 2 is alleged to have assaulted Amit Kumar Yadav with iron rod on his leg. Naresh Yadav, Petitioner no. 3 assaulted him with farsa and there is no

Patna High Court Cr.Misc. No.40680 of 2015 (2) dt.05-10-2015 2/2 allegation of assault against Ashok Yadav, Petitioner no. 4. It is submitted that injury report of Amit Kumar Yadav shows that one lacerated wound was found on the forehead which is opined to be simple in nature, but the injuries attributed to Naresh Yadav, Petitioner no. 3. No other injury was found on the person of Amit Kumar Yadav.

Considering the facts aforesaid and the fact that the petitioners Jay Ram Yadav and Naresh Yadav are alleged to have assaulted Amit Kumar Yadav, but only one lacerated wound on the forehead is found which is opined to be simple in nature and no allegation of assault is made against Ashok Yadav, petitioner nos. 2, 3 and 4 above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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, Darbhanga in connection with Keoti P.S. Case No. 17/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi/- U T