Bipin Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26131 of 2015 Arising Out of PS.Case No. -116 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Bipin Yadav S/o Butai Prasad Yadav

2. Gautam Kumar @ Gautam Yadav S/o Butai Prasad Yadav

3. Uttam Kumar S/o Butai Prasad Yadav

4. Rajniti Yadav S/o Late Dev Nandan Prasad Yadav

5. Chunchun Yadav S/o Late Dev Nandan Prasad Yadav All are Resident of village - Baburahi, P.S. Sahebpur Kamal, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,379 and 307/34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that five FIR named accused persons and three unknown assaulted the informant indiscriminately with iron rod, bricks, fists and slaps. The accused persons also took away gold chain and rupees thirty thousand from the informant. It is submitted by the learned counsel for the petitioners that the informant in the background of case lodged by the

Patna High Court Cr.Misc. No.26131 of 2015 (2) dt.17-07-2015 2/2 petitioners side at earlier point of time where the petitioners side also received injury. The injury as contained in Annexure 2 reflects two superficial injuries simple in nature. Petitioner no. 3 Uttam Kumar claims to have filed Sahebpur Kamal P.S. Case No. 317 of 2014 levelling accusation under sections 448,323 and 307/34 IPC against the informant of the present case and others. Considering the fact that the accusation is not being corroborated by the medical opinion, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Sahebpur Kamal P.S. Case No. 116 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T