Dilip Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38586 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================
1. Dilip Yadav S/o Chandra Kishore Yadav
2. Sanjeev Yadav @ Sanjeev Kumar S/o Harikishun Yadav All residents of Village - Baijnath Patti, Baluaha, P.S. - Sadar, District - Saharsa. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Saharsa P.S.Case No. 34/2017 instituted for the offence under sections 147, 148, 341, 323, 324. 308, 504, 506 of the Indian Penal Code. It has been submitted on behalf of the petitioners that there has been free fight between the parties and the injuries have been sustained on both sides. It has further been submitted that the mother of petitioner no.2 has lodged F.I.R. bearing Saharsa P.S.Case No. 33/2017. In that case the family members of petitioner no.2 have sustained injury. In the instant case it is alleged that petitioner no.1 assaulted the informant on his head with Dabiya and petitioner no.2 assaulted the informant with lathi. It is further alleged that when one Prashant Kumar came to rescue him, he was assaulted by petitioner no.1 and when his uncle came
Patna High Court Cr.Misc. No.38586 of 2017 (3) dt.10-10-2017 to save him, petitioner no.2 assaulted him due to which he sustained head injury. It has been submitted that all the injuries on the injured have been found to be simple in nature. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/ arrest of the petitioners, named above, within six weeks from today, they shall 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 the Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S.Case No. 34/2017, subject to the conditions as laid down under section 438(2) Cr.P.C.
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) Surendra/- U