Sahdeo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.90 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -SONO District- JAMUI ======================================================
1. Sahdeo Yadav Son of Late Bijo Yadav
2. Shiv Shankar Yadav Son of Masudan Yadav
3. Chandradeo Yadav @ Chandradev Yadav Son of Jaydeo Yadav .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code. The prosecution case is that co-accused Pradeep Yadav, Brahmdev Yadav and the petitioners came variously armed, started abusing and assaulting the husband of the informant whereas co-accused Sakaldev Yadav and Masudan Yadav assaulted with iron rod to Basuki Yadav and Subha Devi. It is further alleged that the occurrence took place on the instigation of co-accused Ajit Singh.
It is submitted by learned counsel for the petitioners that accusation of assault to the husband of the informant is
Patna High Court Cr.Misc. No.90 of 2016 (2) dt.05-01-2016 2/2 omnibus and general against the petitioners and two other coaccused persons. In fact, petitioner no.2 lodged Sono P.S. Case No.104/2015 on 29.06.2015 at 14.15 pm. and, thereafter, the present case has been lodged on 29.06.2015 at 14.45 pm., wherein opinion with regard to the injuries caused to the informant's side has been kept reserved whereas the petitioner Shiv Shankar Yadav and Chandradeo Yadav have received grievous injuries. The petitioner happens to be the agnate of the informant. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Jamui in connection with Sono P.S. Case No.105/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T