Patna High CourtCR. MISC./50382/2015partly allowed disposal

Madhav Yadav And ORS. v. The State Of Bihar

2015-12-21Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.50382 of 2015 (2) dt.21-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50382 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -BANMANKHI District- PURNIA ======================================================

1. Madhav Yadav Son of Late Prakash Yadav

2. Ajay Kumar Yadav, Son of Madhav Yadav

3. Nandan Kumar Yadav Son of Madhav Yadav All resident of villageKhulahari, P.S.- Banmankhi, District- Purnea

4. Pawan Kumar @ Pawan Kumar Yadav S/o Sadanand Yadav R/VillageRaghunathpur, P.S.- Jadiya, in the district of Supaul.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and the State. The prayer for anticipatory bail of petitioner no.1 Madhav Yadav has been withdrawn as he has been arrested. The petitioners apprehend their arrest in a case under sections 307, 379 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that the instant case is counter blast to the earlier case instituted by the accused side. He further submits that the accused side has also sustained injuries. The main allegation is against petitioner No.2 Ajay Kumar Yadav who assaulted the informant causing grievous injuries, whereas allegation against petitioner No.4 Pawan Kumar @ Pawan Kumar Yadav who assaulted the informant causing

Patna High Court Cr.Misc. No.50382 of 2015 (2) dt.21-12-2015 simply injury. There is no specific overt act against petitioner No.3 Nandan Kumar Yadav.

Having regard to the facts and circumstances of the case, the prayer for anticipatory bail of petitioner No.2 Ajay Kumar Yadav is rejected.

So far as prayer for anticipatory bail of petitioner Nos.3 and 4 namely Nandan Kumar Yadav and Pawan Kumar @ Pawan Kumar Yadav are concerned, they are directed to be released on anticipatory bail, in the event of their arrest/surrender, on furnishing bail bonds of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Shri Gautam Kumar Yadav, Judicial Magistrate Ist Class, Purnea in Banmankhi P.S. Case No.80 of 2015.

(Samarendra Pratap Singh, J) KHAN/- U