Manoj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61889 of 2017 Arising Out of PS. Case No.-236 Year-2017 Thana- KHARAGPUR District- Munger ======================================================

1. Manoj Yadav, S/o Ram Swarup Yadav,

2. Bharroshi Yadav S/o Jaldhar Yadav,

3. Dipan Yadav S/o Late Chhabo Yadav, All R/o Village- Barui, P.S.- Haveli Kharagpur, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the Opposite Party/s :

SRI ATUL CHANDRA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act. Prosecution case is that on 06.08.2017 at 8.AM informant's younger brother Chandan Kumar and nephew Santosh Kumar went to the house of Mithun Yadav for watching TV, but they were abused by Mithun Yadav. When informant and his other family members went to ask Mithun Yadav about the incident, the present petitioners abused and assaulted them. It is specifically alleged against Mithun Yadav that he went on the roof of the house and resorted to firing, which hit the informant causing injury on his left hand.

Patna High Court Cr.Misc. No.61889 of 2017(2) dt.22-12-2017 2/2 It is submitted by learned counsel for the petitioners that in the background of petty dispute, the accusation has been levelled. The specific accusation of firing is against Mithun Yadav. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the initial accusation of assault is against these petitioners also.

Considering the thrust of accusation against co-accused Mithun Yadav, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Munger, in connection with Haveli Kharagpur P.S. Case No. 236 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T