Patna High CourtCR. MISC./43906/2015bail granted

Sanjay Yadav And ORS v. The State Of Bihar

2015-09-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43906 of 2015 Arising Out of PS.Case No. -89 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Sanjay Yadav Son of Late Kusheshwar Yadav

2. Ranjay Yadav Son of Kamaleshwari Yadav

3. Jagdish Yadav Son of Late Saryug Yadav All residents of Village - Tok Sihpur, P.S. - Gamhariya, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Kumar For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2015 Heard both sides.

Petitioners seek bail in a case registered for the offences punishable under sections 307, 379 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Informant named 10 persons and alleged that Sanjay, Ranjay and Suresh made indiscriminate firing and also gave blows by bows and arrows. Three persons, namely, Dulari Devi, Urmila Devi and Jeevan Kumar are alleged to have got injuries.

It is submitted that there is counter version of the occurrence. On account of bona fide land dispute, there was free fight between two sides. Seven accused persons have already

Patna High Court Cr.Misc. No.43906 of 2015 (2) dt.22-09-2015 been granted bail by the learned Sessions Judge, Madhepura vide order passed in B.P. No. 367 of 2014. One of the accused Suresh who is also alleged to have fired has also been granted bail by the court below. From the injury report of Dulari Devi, Urmila Devi and Jeevan Kumar it appears that there are lacerated wound and the injuries appeared to be superficial skin deep. Considering the facts aforesaid, petitioners above named, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Avinash Kumar, the learned Judicial Magistrate, 1st Class, Madhepura in connection with Gamhariya P.S. Case No. 89 of 2014.

(Prabhat Kumar Jha, J) Amin/- U