Bhukhal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28646 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhukhal Yadav, Son of Adalat Yadav,

2. Lalji Yadav, Son of Adalat Yadav.

3. Lagandev Yadav, Son of Singhasan Yadav.

4. Munna Yadav, Son of Mukti Nath Yadav.

5. Manoj Yadav, Son of Gopichand Yadav.

6. Nagendra Yadav, Son of Late Dharikshan Yadav.

7. Yogendra Yadav, Son of Late Dharikshan Yadav.

8. Rajeshwar Yadav @ Rajbabar Yadav, Son of Mukhut Yadav, All are resident of Village- Chandraha, P.S.- Chautarwa (Bathwariya), DistrictWest Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Chautarwa (Bathwariya) P.S. Case No. 47 of 2017 for the offences instituted under Sections 147, 148, 149, 341, 323, 325, 307, 380, 504 of the Indian Penal Code. The allegation against the accused persons including the petitioners is that when the informant was going for call of nature, in the meantime, the petitioners along with others on the order of petitioner no.2 assaulted the informant with farsha on his head, causing head injury.

Patna High Court Cr.Misc. No.28646 of 2017 (2) dt.06-07-2017 2/2 It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The main allegation is against co-accused Jainarayan Yadav. No specific overt act has been alleged against the petitioners. General and omnibus allegation has been alleged against the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Chautarwa (Bathwariya) P.S. Case No. 47 of 2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T