Baliraj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60939 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -SAHPUR District- BHOJPUR ======================================================

1. Baliraj Yadav S/o Late Jhalku Yadav

2. Manoj Kumar @ Manoj Yadav S/o Harendra Yadav

3. Arun Kumar Yadav @ Arun Yadav S/o Late Birbal Yadav

4. Harendra Yadav @ Harendra Singh @ Tarendra Yadav S/o Late Jaygobind Yadav

5. Gautam Kumar S/o Late Sri Bhagwan Yadav All are residents of Village - Shobhi Tola, P.S. - Shahpur, District - Bhojpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shahpur P.S. Case no. 111 of 2017, registered under Sections 147, 148, 149, 343, 323, 324, 308, 379 and 504 of the Indian Penal Code. The accusation is that 16 persons named in the F.I.R. including the petitioners having arms reached at the door of the informant and started to abuse, at that time with intention to kill Satyendra Yadav gave sword blow to Sidheshwar Kumar Singh, brother of the informant. When informant tried to save his brother then he also received cut injury. Thereafter, Baban Singh, Ambuj Kumar and Usha Devi came to save the informant then they were

Patna High Court Cr.Misc. No.60939 of 2017 (2) dt.14-12-2017 2/2 also assaulted by the accused persons. At that time, Srikant Yadav took cash of Rs. 500/- from the pocket of the informant. Learned counsel for the petitioners submits that due to dispute of path, occurrence of Marpit took place in which petitioner's side also sustained injury regarding which Shahpur P.S. Case No. 110 of 2017 is instituted on the basis of fardbeyan of co-accused Satyendra Yadav. Moreover, while petitioners are named in the F.I.R. but no specific overt act has been attributed against the petitioners. 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 four 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 Addl. Chief Judicial Magistrate-XIV, Bhojpur, Ara in connection with Shahpur P.S. Case No. 111 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.