Sunil Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30334 of 2016 Arising Out of PS.Case No. -255 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sunil Yadav

2. Shailesh Yadav

3. Awadhesh Yadav All son of Hero Yadav R/o village- Musepur,P.S. - Rahui (Bhagan Bigha) District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Smt Anuradha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Heard both sides.

The petitioners apprehend their arrest in Rahui (Bhaganbigha) P.S. Case No. 255 of 2015, registered for the offences punishable under Sections 341, 323, 379, 504, 506, 308 and 34 of the Indian Penal Code.

The informant named the petitioners along with Dharmendra Yadav and alleged that they were cutting the ridge of his field and on protest, the petitioners entered into his house. Dharmendra Yadav assaulted the daughter of the informant with Garasa. Petitioner no. 1 snatched chain from the neck. Shailesh Yadav assaulted the informant with spear and took out Rs. 5000/-

Patna High Court Cr.Misc. No.30334 of 2016 (2) dt.14-09-2016 2/2 from his possession. Petitioner no. 3 assaulted Kalavati Devi with spear and also snatched her ear ring.

It is submitted that Sanjay yadav and Kalavati Devi got superficial and simple injuries caused by hard blunt substance and not by any sharp edge or penetrating weapon. The petitioners are first cousin of the informant. There is a land dispute between the parties.

Considering the facts aforesaid and the fact that the petitioners are first cousin of the informant and there is a land dispute between them and the informant's side got simple injuries, the petitioners above named 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 Swarn Prabhat, Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Rahui (Bhaganbigha) P.S. Case No. 255/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T