Bambam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27384 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- SIRDALA District- Nawada ====================================================== 1.

BAMBAM YADAV Son of Late Jaglal Yadav @Jaglal Prasad Resident of Village - Paharpur, P.S.- Fatehpur, District- Gaya. 2.

Vijay Yadav Son of Late Janki Yadav Resident of Village - Rato, P.S.- Fatehpur, District- Gaya.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 147, 148, 341, 323, 307, 506 & 291 of the Indian Penal Code.

Petitioners along with one named and 10-15 unknown miscreants are said to have been dyning and taking liquor at the passengers shade and on protest made by the informant they assaulted on his nose and head inflicting bleeding injury to him. Co-accused Amrik Thakur was apprehended by the police in inebriated

Patna High Court CR. MISC. No.27384 of 2019(3) dt.26-07-2019 2/3 condition.

Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. The victim had sustained only one bruise injury on his head caused by hard and blunt substance which is simple in nature. Moreover, the parties to the case have compromised the matter. Petitioners have no criminal antecedent. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Additional Chief Judicial Magistrate-V, Nawada in connection with Sirdalla P.S. Case No. 49 of 2018 (G.R. No.578/18), subject to the

Patna High Court CR. MISC. No.27384 of 2019(3) dt.26-07-2019 3/3 condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T