Sanjay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34165 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -GOVINDPUR District- NAWADA ======================================================

1. Sanjay Yadav Son of Ravindra Yadav

2. Gorelal Yadav @ Gore Yadav Son of Ravindra Yadav

3. Nawlesh Yadav @ Naulesh Yadav Son of Ravindra Yadav All resident of village - Dhakni, P.S. Govindpur, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. Ram Chandra Sahni (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code. The informant alleged that he burnt the leaves falling in his field but the accused persons alleged that their tree was burnt. On such, Rajendra Yadav is alleged to have assaulted Anuj Yadav on his head and Sanjay Yadav, petitioner No.1, also assaulted Anuj Yadav with Lathi on his hand and leg causing fracture injury. The petitioner No.2, Gorelal Yadav, and petitioner No.3. Nawlesh Yadav are alleged to have assaulted the informant, Saryu Yadav, and Manish but Saryu Yadav got superficial injury and Manish Kumar also got one injury, that is, swelling on left

Patna High Court Cr.Misc. No.34165 of 2015 (4) dt.29-10-2015 2/2 wrist. Anuj Yadav got as many as six injuries on his body. Considering the fact that Sanjay Yadav, petitioner No.1, is also alleged to have assaulted Anuj Yadav, I am not inclined to enlarge petitioner No.1 on anticipatory bail. Accordingly the same is rejected.

So far as the case of petitioner Nos. 2, Gorelal Yadav @ Gore Yadav and 3. Nawlesh Yadav @ Naulesh Yadav are concerned, they are alleged to have assaulted the informant and Manish Kumar but they got simple injuries, the above named petitioners, in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Govindpur P.S. Case No. 39 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T