Sanjay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36062 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- PAKARIBARAW District- Nawada ======================================================

1. Sanjay Yadav,

2. Pappu Yadav, Both sons of Late Brijnandan Yadav @ Virju Yadav,

3. Birendra Yadav,

4. Balmiki Yadav, Both sons of Sri Kailash Yadav, All R/o VillageHasanganj, P.S.- Pakribarawan, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Pakribarawan P.S. Case No. 90 of 2018 dated 03.05.2018 instituted for the offences under Sections 147, 149, 307, 341 and 323 of the Indian Penal Code.

The petitioners are alleged to have assaulted the informant and his brother. Learned counsel for the petitioners has submitted that the injuries suffered by the informant and his brother are simple in nature and even the manner of the assault would not make out a case under Section 307 of the I.P.C.

Considering the general nature of allegation

Patna High Court Cr.Misc. No.36062 of 2018(3) dt.19-07-2018 2/2 against petitioners no. 3 and 4, even the court below had directed them to surrender before the court of learned Chief Judicial Magistrate and seek regular bail. The petitioners have clean antecedent and because of old land dispute they have been made accused in the present case. The occurrence appears to have taken place while consuming toddy in the village.

Regard being had to the aforesaid factual aspects of the case and that the petitioners do not have any criminal antecedent, the petitioners above-named are directed to be released on bail, 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, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri Kumar Avinash, J.M. 1st Class, Nawada in connection with Pakribarawan P.S. Case No. 90 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U T