Dilkhush Kumar @ Dilkhush Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40615 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -BARARI District- KATIHAR =====================================
1. Dilkhush Kumar @ Dilkhush Kumar Yadav, Son of Chandrika Kumar Yadav.
2. Chandrika Yadav, Son of Satya Narayan Yadav.
3. Parmod Yadav, Son of Satya Narayan Yadav.
4. Tapan Yadav @ Tapan Kumar, Son of Parmod Yadav.
5. Vikash Yadav, Son of Satya Narayan Yadav.
All are resident of Village-Ranichak, Bakiya, P.S.-Barari, District-Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s :Mr. N.K. Agrawal, Sr. Adv. Mr. Dhananjaya Nath Tiwari, Adv.
For the Opposite Party/s:Mr. Arbind Kumar Pandey, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Barari P.S. Case No. 86 of 2016, disclosing offences under Sections 341, 323, 427, 324, 307, 504 and 506/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.40615 of 2016 (2) dt.22-09-2016 2/3 The occurrence had taken place allegedly after the Tractor, which was being driven by petitioner No. 1, dashed against the informant's house, whereafter the informant and others came out and made a protest. Allegedly, thereafter, the petitioners, who have been named in the First Information Report, assaulted the informant and the family members variously.
Learned Senior Counsel, appearing on behalf of the petitioners, has submitted that on the basis of counter version in relation to same occurrence, an FIR, being Barari P.S. Case No. 89 of 2016, has been registered. He has also submitted that all the injuries have been found to have been simple in nature.
Considering the genesis of the occurrence and the submissions advanced on behalf of the petitioners, as noted above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Katihar, in connection with Barari P.S. Case No. 86 of 2016, subject to the condition laid down under Section 438 (2) of the Code of
Patna High Court Cr.Misc. No.40615 of 2016 (2) dt.22-09-2016 3/3 Criminal Procedure.
This is subject to the condition that the petitioners, above named, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T