Rajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36123 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- BELHAR District- Banka ====================================================== 1.
RAJENDRA YADAV Son of Late Kaleshwar Yadav Resident of Village -Badala, P.S.- Belhar, Distt - Banka.
2.
Chandan Yadav Son of Rajendra Yadav Resident of Village -Badala, P.S.- Belhar, Distt - Banka.
3.
Kundan Yadav @ Kundan Kumar Yadav Son of Rajendra Yadav Resident of Village -Badala, P.S.- Belhar, Distt - Banka. 4.
Jyotish Yadav Son of Govind Yadav Resident of Village -Badala, P.S.- Belhar, Distt - Banka.
5.
Congresh Yadav Son of Govind Yadav Resident of Village -Badala, P.S.- Belhar, Distt - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh For the Opposite Party/s :
Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-06-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
A dispute cropped up on the score of immersion of idol and in the aforesaid background, it has been alleged by the informant that these petitioners namely Kundan Yadav, Jyotish Yadav, Congresh Yadav, Rajendra Yadav and Chandan Yadav armed with lathi, danda and sword assaulted his elder brother namely Ashok Yadav and Dashrath Yadav, mercilessly. It is evident from the injury report (Annexure-3
Patna High Court CR. MISC. No.36123 of 2019(2) dt.10-06-2019 2/2 series) that none of the injured had sustained injury caused by sharp cutting weapon/ sword. Apart from this, all the injuries, save and except injury no.3, over person of Ashok Yadav, which happens to be fracture of wrist, have been found simple. That being so, petitioners are advised to surrender before the learned lower Court with a prayer for bail, which the learned lower Court will consider in the background of finding recorded herein above relating to nature of the injuries as well as nature of allegation being omnibus in nature. In terms thereof, instant petition is disposed of. (Aditya Kumar Trivedi, J) vikash/- U T