Kailu Yadav @ Kailash Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62740 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================

1. Kailu Yadav @ Kailash Yadav,

2. Bhuneshwar Yadav @ Mukeshwar Yadav,

3. Pairu Yadav, All Sons of Jhari Yadav, R/o Village- Neem Nawada, P.S.- Khaira , District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad, Mr. Yogesh Chandra Verma, Mr. Mrityunjay Kr., Advocate For the Informant : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, APP-102 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Khaira P.S. Case No. 130 of 2017 registered for the offences punishable under Sections 341,323,324,307,504,379,34 of the Indian Penal Code.

Allegedly, the petitioner Kailu Yadav assaulted Laljit Yadav with iron rod which hit on his back and the petitioner no. 2 Bhuneshwar Yadav assaulted with lathi to Bharat Yadav on his waist and other parts.

Submission is of false allegation that there is no

Patna High Court Cr.Misc. No.62740 of 2017 (2) dt.29-01-2018 2/2 allegation for repeating the blow, no offence under Section 307 made out, against the petitioner Pairu Yadav, there is no allegation of assaulting anyone. From the impugned order, it reveals that Sakaldeo Yadav has received incised wound and for that the petitioners are not responsible and as such the petitioners deserve sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of pre-arrest bail of the petitioners. In the facts and circumstances stated above, let the petitioners above named, 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, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 130 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) khushbu/- U T