Patna High CourtCR. MISC./586/2017bail granted

Kishori Yadav And ANR v. The State Of Bihar

2017-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.586 of 2017 Arising Out of PS.Case No. -173 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kishori Yadav, Son of Pyare Chand Yadav @ Pyare Chandra Yadav,

2. Deepu Kumar Yadav, Son of Kishori Yadav, Both resident of village - Chandraha, Rupwalia, P.S. Bathwaria, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 341, 326, 307 and 379 of the Indian Penal Code.

Accusation is that the accused persons including the petitioners assaulted the informant by means of lathi, danda and farsa, due to which he caused fracture in his right hand. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.586 of 2017 (2) dt.11-01-2017 2/2 present case. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, District West Champaran in connection with Chautarwa (Bathwaria) P.S. case No.173 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T