Mahadeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39543 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Mahadev Yadav, Son of Brahmdeo Yadav

2. Baua Yadav Son of Anand Yadav

3. Kameshwar Yadav Son of Anand Yadav All Resident of VillageKubaul, P.S- Jamalpur, District - Darbhanda. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Suraj Narain Yadav, Advocate.

For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-11-2016 Learned counsel for the petitioners submits that petitioner no. 1 Mahadev Yadav has already been arrested. Accordingly, prayer for anticipatory bail of petitioner no. 1 Mahadev Yadav is dismissed as has become infructuous. Heard both sides.

The petitioner no. 2 Baua Yadav and petitioner no. 3 Kameshwar Yadav apprehend their arrest in Jamalpur P.S. Case No. 18 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Md. Jilani, the informant alleged that while he had gone for fishing the accused persons having armed with different weapons came. Mahadev Yadav assaulted the informant with

Patna High Court Cr.Misc. No.39543 of 2016 (3) dt.18-11-2016 2/2 Dabiya, a sharp edged weapon on his head. The petitioners Baua Yadav and Kameshwar Yadav are alleged to have assaulted Md. Alam.

Learned counsel for the petitioners submits that Md. Alam did not get apparent injury rather he complained pain in his head but, after study the complaint was found normal. Considering the facts aforesaid and the fact that the occurrence took place due to dispute with regard to fishing, the petitioner nos. 2 and 3 Baua Yadav and Kameshwar Yadav, in the event of their arrest or surrender before the 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 Sub-Divisional Judicial Magistrate, Benipur in Jamalpur P.S. Case No. 18 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T