Patna High CourtCR. MISC./360/2019bail granted

Nageshwar Yadav And ORS v. The State Of Bihar

2019-01-30Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.360 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- BODHGAYA District- Gaya ======================================================

1. Nageshwar Yadav son of Basudeo Yadav.

2. Mahendra Yadav son of late Tulshi Yadav.

3. Mithai Yadav @ Deonandan Yadav son of chheoi yadav

4. Kapil Yadav son of Ghamandi Yadav.

5. Prakash @ Prakash Kumar @ Laddu Kumar S/o Kariman Yadav

6. Phoolwa Devi wife of Ganauri Yadav.

7. Shanti Devi wife of Khiru @ Khirendra Yadav all resident of village Amar Bigha P.S. Bodh Gaya District Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Bodh Gaya P.S. Case No. 280 of 2018 dated 06.05.2018 instituted for the offences under Sections 147, 149, 323, 307, 504, 506 and 337 of the Indian Penal Code.

With reference to a dispute between children, both sides entered into a scuffle leading to injuries on some of the persons from the side of the informant. It appears that almost every person of consequence in the village has been made accused in this case with no

Patna High Court Cr.Misc. No.360 of 2019(2) dt.30-01-2019 2/2 specific accusation of any overt act. The injuries suffered by some of the victims have been opined to be simple in nature.

Regard being had to the general and omnibus nature of accusation, there being a counter version of the occurrence and the petitioners being persons of clean antecedents, they are directed to be released on bail, 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, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya P.S. Case No. 280 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T