Jaglal Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.35147 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35147 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================

1. Jaglal Yadav, son of Late Hansraj Yadav,

2. Dhanlal Yadav, son of Ramtapshya Yadav,

3. Santosh Kumar Yadav @ Santosh Yadav, son of Jaglal Yadav, all resident of Village- Lahang Dumariya, Police Station- Bihiya, DistrictBhojpur ..... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Bihiya P.S. Case No. 168 of 2017 registered for the offences punishable under Sections 143, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

In the first information report there is allegation against petitioner no. 2 Dhanlal Yadav to have assaulted Mukesh Yadav with lathi on his head but in the injury report injury has been found simple caused by sharp object on the parietal region of the head.

Submission is of false implication and that against the petitioners no. 1 and 3 there is no allegation of assault, against the

Patna High Court Cr.Misc. No.35147 of 2017 (2) dt.10-08-2017 petitioner no. 2 there is allegation to have assaulted with iron rod but the doctor has found injury simple caused by sharp object on the head and as such the petitioners deserve sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that petitioner no. 1 is the main accused and at his instigation they have assaulted and against petitioner no. 2 there is allegation for assaulting on the head of Mukesh Yadav.

In the facts and circumstances stated above, considering the injury report of Mukesh Yadav, the petitioners above named, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No. 168 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T