Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29272 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

Shailendra Yadav, Son of Bisheswar Prasad Bimal, Resident of Village - Lagunia, P.S.- Triveniganj, Distt - Supaul.

2.

Munna Kumar, Son of Bhushan Yadav, Resident of Village - Lagunia, P.S.- Triveniganj, Distt - Supaul.

3.

Pramod Yadav, Son of Bijendra Yadav, Resident of Village - Lagunia, P.S.- Triveniganj, Distt - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Triveniganj P.S. Case No. 290 of 2018, registered under Sections 147, 148, 149, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.

The accusation is that 15 persons named in the F.I.R. including the petitioners having lathi, danda, bhala and iron rod surrounded the informant and started to assault. At that time, Ravindra Yadav gave iron rod blow at his right hand whereas Sanjay Yadav and Rajendra Yadav assaulted him

Patna High Court CR. MISC. No.29272 of 2019(3) dt.12-07-2019 2/3 through fist and slaps. On raising alarm, his family members came there to save him then they were also assaulted by the accused named in the F.I.R. including the petitioners. The specific allegation against the petitioners is to caused injury to Nand Kishore Yadav, brother of the informant. Learned counsel for the petitioners submits that while there is specific allegation against the petitioners to cause injury to Nand Kishore Yadav, brother of the informant, but the injuries, as found on the person of Nand Kishore Yadav, are simple in nature as detailed in the injury report dated 17.07.2018 issued by Referal Hospital, Triveniganj, which is the part of case diary and petitioners have no criminal antecedent. Learned Additional Public Prosecutor appearing for the State opposed the prayer for bail of the petitioners and submits that the injuries, as found on the person of Nand Kishore Yadav, are simple in nature.

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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., Supaul,

Patna High Court CR. MISC. No.29272 of 2019(3) dt.12-07-2019 3/3 in connection with Triveniganj P.S. Case No. 290 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T