Mahendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41646 of 2016 Arising Out of PS.Case No. -132 Year- 2016 Thana -BARHARA District- PURNIA ======================================================

1. Mahendra Yadav Son of Late Satya Narain Yadav

2. Munna Yadav Son of Late Satya Narain Yadav Both are resident of Village- Barhara, P.S. Barhara, District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barhara Police Station Case No. 132 of 2016, disclosing offences under Sections 341/323/324/307/379/ 504/ of the Indian Penal Code.

It is alleged against the petitioner no. 1 that he gave a blow with garasa and petitioner no. 2 with dabia (both, sharp cutting weapons), on the head of the informant.

Learned Counsel for the petitioners has submitted that not only those injuries have been found to be simple in nature, the same have been found to have

Patna High Court Cr.Misc. No.41646 of 2016 (2) dt.29-09-2016 2/2 been caused by hard and blunt substance, which does not support the case of the prosecution.

Learned Counsel for the petitioners appears to be right in his submission.

This application stands accordingly allowed.

Let the petitioners, namely, Mahendra Yadav and Munna Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri P. K. Bharti, learned Judicial Magistrate, 1st Class, Purnea, in connection Barhara Police Station Case No. 132 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √