Chandrika Yadav @ Chanarik Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49891 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -AMAS District- GAYA ======================================================
1. Chandrika Yadav @ Chanarik Yadav, Son of Shiv Narayan Yadav.
2. Preman Yadav Son of Late Bipat Yadav.
3. Niru Yadav Son of Madan Yadav.
4. Laxman Yadav Son of Madheshwar Yadav.
5. Binod Yadav Son of Preman Yadav.
6. Bhagwan Yadav Son of Preman Yadav.
7. Madheshwar Yadav Son of late Bipat Yadav All residents of Village Tetariya, P.S. Amas, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2016 The learned counsel for the petitioners submits that petitioner No.7, Madheshwar Yadav, has already been arrested and seeks permission to withdraw the anticipatory bail petition of petitioner No.7.
Prayer is allowed.
The anticipatory bail petition of petitioner No.7 is dismissed as withdrawn.
Heard both sides.
The petitioners, six in numbers, apprehend their arrest in Amas P.S. case No. 98 of 2016 under Section 307, 325
Patna High Court Cr.Misc. No.49891 of 2016 (2) dt.22-12-2016 2/3 and other Sections of the Indian Penal Code.
The informant, Jagdeo Yadav, named the petitioners along with others and alleged that they, having armed with different weapons, came and Sandip Yadav assaulted the informant with iron rod on his right leg causing fracture injury. All the accused persons indiscriminately assaulted brother, nephew and daughter of the informant. Suryadeo Yadav assaulted the informant causing fracture injury on his hand. Madan Yadav assaulted Mukhdeo Yadav causing tear injury on palm of Mukhdeo Yadav. Laxman Yadav assaulted Rabindra Yadav, nephew of the informant, on his head.
The learned counsel for the petitioners submits that except petitioner No.4, Laxman Yadav, there is no specific allegation of assault against any other accused persons. Laxman Yadav is alleged to have assaulted Rabindra Yadav but Rabindra Yadav got simple injuries. There is a counter version. Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners Nos. 1 to 6, in the event of their arrest or surrender before the learned 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 bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court Cr.Misc. No.49891 of 2016 (2) dt.22-12-2016 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Sherghati (Gaya) in Amas P.S. Case No. 98 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T