Mithilesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39627 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -BARARI District- KATIHAR ======================================================
1. Mithilesh Yadav, Son of Late Bhola Yadav
2. Ajay Yadav, Son of Kapil Yadav
3. Binod Yadav, Son of Late Rashik Yadav
4. Mangal Yadav, Son of Late Baso Yadav
5. Chhatish Yadav, Son of Late Lukhu Yadav
6. Rupesh Yadav, Son of Chhatish Yadav
7. Kusho Devi wife of Chhatish Yadav
8. Sulekha Devi, wife of Rajesh Yadav
9. Tunta Yadav, Son of Late Suresh Yadav all are resident of VillageBakiya Ranichak, P.S. Barari, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-10-2016 Heard both sides.
The petitioners apprehend their arrest in Barari P.S. case No. 89 of 2016 under Section 307 and other Sections of the Indian Penal Code.
The informant named 10 persons, including all the nine petitioners, and alleged that they all, having armed with different weapons, came and assaulted the informant and took away different articles from his house.
The learned counsel for the petitioners submits that there is a counter version being Barari P.S. case No. 86 of 2016 registered under Section 307 of the IPC. Petitioner No.1, Mithilesh
Patna High Court Cr.Misc. No.39627 of 2016 (4) dt.27-10-2016 2/2 Yadav, is informant of that case. The informant, Chandrika Prasad Yadav, got as many as four injuries. Three injuries are found to be simple in nature and one injury found on left forearm is opined to be grievous as left ulna was found fractured. There is no specific allegation that who caused the fracture injury on the hand of informant. The case of the petitioners was lodged earlier in point of time.
Considering the fact that there is case and counter case and omnibus and general allegation is made against the petitioners, the above named petitioners, 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 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Katihar in Barari P.S. Case No. 89 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