Bishesher Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.350 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bishesher Yadav
2. Jaleshwar Yadav both are son's of Late Asharfi Yadav resident of villlage- Bhopatpur P.S.- Kotwa District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. S.Ehteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,324,307,120B and 447 of the Indian Penal Code. It is alleged that the petitioners assaulted indiscriminately to the informant with the sharp cutting weapon (kharia).
It is submitted by the learned counsel for the petitioners that for the occurrence of 24.8.2015 the written report was submitted on 25.8.2015 which came to be registered as police case on 1.9.2015. The informant was examined by a private doctor and the injury report suggests two injuries of marginal size simple in
Patna High Court Cr.Misc. No.350 of 2016 (2) dt.07-01-2016 2/2 nature. The injured was admitted for treatment on 25.8.2015 at 10.23 hours and the medical report suggest that the injury was caused within six hours whereas the occurrence took place on 24.8.2015. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the delayed registration of FIR and the delayed medical examination of the injured by a private doctor which clouds the bonafide of accusation, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Motihari, East Champaran in connection with Kotwa (Bhopatpur) P.S. Case No.189 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T