← Library
Patna High CourtCR. MISC./2917/2015bail granted

Bhagwat Yadav And ORS v. The State Of Bihar

2015-01-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2917 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -SANGRAMPUR District- MUNGER ======================================================

1. Bhagwat Yadav S/o Late Ishri Yadav

2. Anil Yadav @ Anil Kumar Yadav, S/o Bhagwat Yadav

3. Chhotu Kumar S/o Anil Yadav

4. Ashish Kumar S/o Sunil Yadav All resident of village - Kathani, P.S. - Sangrampur (Tetia Bambar), District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arpana Kumari, Advocate. For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioners apprehend their arrest in Sangrampur P.S. Case No. 77 of 2014, registered for the offences punishable under Section 308 and some other Sections of the Indian Penal Code.

The informant alleged that animals of the petitioners grazed his field and on such altercation on the order of Bhagwat Yadav, petitioner no. 1 Anil Yadav is said to have assaulted the uncle of the informant with iron rod on his head. Chhotu Kumar and Ashish Kumar petitioner no. 3 and 4 are alleged to have assaulted the informant with but of musket.

Patna High Court Cr.Misc. No.2917 of 2015 (2) dt.21-01-2015 It is submitted that there is case and counter case. The injury report of the informant and his uncle which are annexed as Annexure-2 series show that both of them have got simple injuries.

Having considered the facts aforesaid and the fact that there is case and counter case and the occurrence took place on a petty matter of grazing fields and both the sides in free fight got injuries that too simple injuries, the petitioners, 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, 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 S. K. Singh, the learned Judicial Magistrate, 1st Class, Munger in connection with Sangrampur P.S. Case No. 77 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T