Nagendar Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.15540 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15540 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Nagendar Yadav Son of Late Jagdish Yadav,

2. Bhogendar Yadav, Son of Late Jagdish Yadav, Both Resident of Village Ahiyari Gote, P.S. kamtaul, District - Darbhanga.

3. Baiju Sahni Son of Rameshwar Sahni, Resident of Village - Ushra, P.S. - Bisfi, District - Madhubani.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dharmendra Jha, Advocate For the Opposite Party : Mr. A.K. Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Kamtaul P.S. Case No. 01 of 2016 for the offences instituted under Sections 341, 323, 324, 307, 504, 435 and 379/34 of the Indian Penal Code.

As per prosecution case, it is alleged that while the informant was at his shop, in the meantime, some people got down from a Bolero Car and started abusing him by saying that he did not give Rangdari and when the informant protested, the petitioner threatened if he will not gave a sum of Rs.10,000/- he would have no loss his life. It is further alleged that all the accused persons

Patna High Court Cr.Misc. No.15540 of 2016 (2) dt.16-05-2016 assaulted the informant with iron rod and thereafter took away all the articles belong to the shop.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and a counter case between the parties. The nature of injuries are simple, hence no offence under Section 307 of the IPC is made out. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kamtaul P.S. Case No. 01 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Shamim Raza, Judicial Magistrate, Ist Class, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T