Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35869 of 2020 Arising Out of PS. Case No.-190 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

LAV KUMAR Son of Siyaram Yadav Resident of Village - Bhagwan Khanda, P.S.- Makdhumpur, Distt.- Jehanabad.

2.

Hare Ram Yadav Son of Ram Pravesh Yadav Resident of Village - Bhagwan Khanda, P.S.- Makdhumpur, Distt.- Jehanabad.

3.

Siyaram Yadav Son of Ram Pravesh Yadav Resident of Village - Bhagwan Khanda, P.S.- Makdhumpur, Distt.- Jehanabad.

4.

Ram Pravesh Yadav @ Vishu Son of Late Dev Sharan Yadav Resident of Village - Bhagwan Khanda, P.S.- Makdhumpur, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2021 Heard both sides.

The learned counsel for the petitioners is directed to remove the defects.

The petitioners apprehend their arrest in Makhdumpur P.S. case No. 190/2020 registered under Section 147, 149, 341, 323, 325, 307, 379, 504 of the IPC.

The informant altogether named six persons including the four petitioners and alleged that they all entered into the house and assaulted the informant and his uncle, Arvind Kumar, with Lathi and Khanti. Lav Kumar, petitioner No.1, is alleged to have snatched chain from the neck of the informant. The learned counsel for the petitioners submits that there is counter version being Makhdumpur PS case No. 189/2020 and both sides entered into scuffle and free fight and

Patna High Court CR. MISC. No.35869 of 2020(2) dt.05-04-2021 2/2 both sides sustained injuries. The informant and his uncle got one injury each but no specific allegation of assault is made against the petitioners. The informant got one injury which is simple in nature. The nature of injury found on the head of uncle of informant is kept reserved.

Taking into consideration the facts that all the six accused persons are alleged to have assaulted the informant and his uncle but the informant got only one injury, which is simple in nature, and the uncle of informant also got one injury and there is counter version, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. case No. 190/2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T