Patna High CourtCR. MISC./25760/2016partly allowed disposal

Surajdeo Yadav And ORS v. The State Of Bihar

2016-07-14Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.25760 of 2016 (2) dt.14-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25760 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -DUMARIA District- GAYA ======================================================

1. Surajdeo Yadav, Son of Shaheb Yadav,

2. Ravindra Yadav, Son of Shaheb Yadav,

3. Binod Kumar @ Binod Yadav Son of Shaheb Yadav, All resident of village- Kavisha, Police Station- Dumaria, District- Gaya . Petitioners

Versus

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

For the Petitioners : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party : Mr. Sri Gopesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-07-2016 Prayer for anticipatory bail of petitioner no.1 is permitted to be withdrawn as he has already been arrested. Heard learned counsel for petitioners no. 2 and 3 and the State.

The petitioners apprehend their arrest in a case under sections 307, 379/34 and other allied sections of the Indian Penal Code.

The informant alleges that on 23.3.2016 accused persons, who happen to be his Gotia, came to his house and accused Binod Yadav, Ravindra Yadav and others assaulted him with fists and slaps. The main allegation is against accused Suryadeo Yadav, who gave Tangi blow upon Shankar Yadav and Santosh Yadav, on their head.

Counsel for the petitioners submit that the main accused

Patna High Court Cr.Misc. No.25760 of 2016 (2) dt.14-07-2016 Surajdeo Yadav has already been arrested and there is general allegation against other accused persons including the petitioners and injuries sustained by most of the members of the prosecution side are simple in nature.

Counsel for the informant opposed the prayer for bail submitting that five persons of the prosecution side were injured by the accused. He submits that petitioner Ravindra Yadav, is also an accused in one of the prior cases and he along with Surajdeo Yadav pushed one of the female members of the prosecution side on the ground with ulterior intention. In the facts and circumstances of the case, in the event of arrest/surrender, let the petitioner no.3 (Binod Kumar @ Binod Yadav) be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghatti at Gaya in Dumaria Police station Case No. 22 of 2016.

Prayer for bail of petitioner no.2 (Ravindra Yadav) is refused with direction to surrender and seek regular bail, which would be disposed of on its own merit without prejudice, preferably on the same day.

Shashi.

(Samarendra Pratap Singh, J) U T