Chhedi Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21514 of 2017 Arising Out of PS.Case No. -283 Year- 2016 Thana -BIRAUL District- DARBHANGA ======================================================

1. Chhedi Yadav Son of Jagadish Yadav, Resident of Village- Nisihara, Police Station- Biraul, District- Darbhanga

2. Kameshwar Yadav Son of Yadu Yadav, Resident of Village- Shahari, Police Station- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the bail petition of Petitioner no. 1 Chhedi Yadav as he has already been arrested by the Police.

Accordingly, the prayer of bail of petitioner no. 1 Chhedi Yadav is dismissed as withdrawn.

Petitioner no. 2 Kameshwar Yadav apprehends his arrest in connection with Biraul P.S. Case No. 283/2016 registered under Sections 147, 148, 341, 323, 324, 307, 448, 354, 427 & 379 of the Indian Penal Code.

Allegation of the informant Reshma Devi is with

Patna High Court Cr.Misc. No.21514 of 2017 (3) dt.07-09-2017 2/3 respect to dispute of land, situated near the house of the informant, that four persons, named in the F.I.R., including petitioner no. 2 Kameshwar Yadav came with deadly weapons and started to put bamboo on the land. Then, Biro Mukhiya and Chandan Mukhiya both sons of informant made protest. Petitioner no. 1 Chhedi Yadav having Khanti and Petitioner no. 2 having Bhala in their hands started assaulting causing serious injury. When the informant, her husband Jai Shankar Mukhiya and daughters-in-law came to save, they were also assaulted.

Learned counsel for petitioner no. 2 submits that four injuries and three injuries respectively were sustained by Biro Mukhiya and Chandan Mukhiya both sons of the informant, but injuries of Chandan Mukhiya are simple in nature, whereas, out of four injuries of Biro Mukhiya, three injuries are simple in nature and with regard to one injury, which is bleeding of right ear, the opinion is kept reserved. Further submission is that admittedly the occurrence took place due to land dispute in which petitioner's side also sustained injury. On the basis of written report of wife of petitioner no. 1 Biraul P.S. Case No. 285/2016 is also instituted against Biro Mukhiya, Chandan Mukhiya and Jatai Mukhiya, sons of the informant of the present case and two others. Having regard to the facts and circumstances of the case, let petitioner no. 2 Kameshwar Yadav be released on bail, in

Patna High Court Cr.Misc. No.21514 of 2017 (3) dt.07-09-2017 3/3 the event of his arrest or surrender before the Court below within a period of six weeks from today, 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, Biraul, Darbhanga in connection with Biraul P.S. Case No. 283/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J.) Rakhi U T