Pawan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64336 of 2018 ======================================================

1. Pawan Yadav, S/O Binod Yadav.

2. Ashok Yadav, S/O Kapildev Yadav.

3. Balram Chaudhary @ Baliram Chaudhary, S/O Agrasan Chaudhary.

4. Agrsan Chaudhary, S/O Fulena Chaudhary.

5. Bhagrashan Chaudhary, S/O Fulena Chaudhary.

6. Rajendra Chaudhary, S/O Sarju Chaudhary. All R/V- Khan Bairiya, P.S. Uchkagaon, District- Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dhramveer, Advocate. For the Opposite Party : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the IPC.

The prosecution story, in brief, is that on the alleged date and time of occurrence, petitioners in association of coaccused persons having armed with Lathi, Danda, rod, pipe and Knife entered in the house of informant Daroga Chaudhary and assaulted the prosecution party and caused injuries to them and thereafter they fled away.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.64336 of 2018 (2) dt.12-10-2018 2/2 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is case and counter case between the parties. The nature of injury is said to be simple in nature. Hence, no offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, in connection with Uchakagaon P.S. Case No. 186 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T