Ramsundar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60209 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -SONO District- JAMUI ======================================================
1. Ramsundar Yadav, Son of Late Nuneshwar Yadav,
2. Pradeep Yadav, Son of Ramsundar Yadav, Both resident of VillageBijaiya, P.S.- Charkapathar (Sono), District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in Sono (Charkapathar) P.S. Case No.63 of 2018 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code. Counsel for the petitioners submits that there is case and counter case between the parties. Co-accused, Baijnath Yadav, has lodged Sono (Charkapathar) P.S. Case No.62 of 2018 against the Informant and others in which Sudagar Yadav has received injury on the head.
Instant case has been filed by the informant with allegation that petitioner No.1 assaulted the Informant with lathi on his head. Father of the informant was assaulted with sword by
Patna High Court Cr.Misc. No.60209 of 2018 (4) dt.31-10-2018 2/3 petitioner No.2, Pradeep Yadav, and with lathi by petitioner No.1.
Injury Report of father of the informant is enclosed as Annexure-3. The doctor has found Injury No.2 and 3 to be simple in nature. One lacerated wound was found on the head, which was opined to be grievous in nature after X-ray. In the written report, there is allegation that Pradeep Yadav along with Ram Sundar Yadav assaulted the father of the informant. But only one injury on the head was found to be grievous, which was lacerated wound 5" x1/4" x 1/6". There is case and counter case between the parties. The injuries have been sustained from the petitioners' side also.
It is submitted that both parties are agnates. There is land dispute between the parties.
Petitioners are in custody since 23.04.2018 and 06.05.2018 receptively.
In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released 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 Additional Chief Judicial Magistrate, Jamui in connection with Sono (Charkapathar)
Patna High Court Cr.Misc. No.60209 of 2018 (4) dt.31-10-2018 3/3 P.S. Case No.63 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) JA/- U T