Jagu Yadav @ Jagu Rawat @ Jagu Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35029 of 2016 Arising Out of PS.Case No. -99 Year- 2016 Thana -BARAULI District- GOPALGANJ ======================================================
1. Jagu Yadav @ Jagu Rawat @ Jagu Choudhary
2. Jitendra Yadav @ Jitendra Rawat @ Jitendra Choudhary, Both are son of Late Sakalo Rawat. Both are residents of Village- Bakharaur, P.S.- Barauli, Distt- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Amarendra Kumar, Advocate For the Opposite Party/s : Smt. Sharda Kumari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-09-2016 Heard both sides.
The petitioners apprehend their arrest in Barauli P.S. case No. 99/ 2016 under Section 307 and other Sections of the Indian Penal Code.
Nagina Raut, the informant, named eight persons and alleged that they all came on the land and began to abuse the informant, while he was ploughing his field. Jitendra Yadav assaulted Nagina Raut with iron rod on his head and when Nagina Raut fell down Jagu Yadav, petitioner No.1, is said to have assaulted him with Lathi.
The learned counsel for the petitioners submits that there is counter version bearing Barauli P.S. case No. 100/ 2016, which was registered from the side of the petitioners. From the side of the petitioner eight persons are injured but from the side of
Patna High Court Cr.Misc. No.35029 of 2016 (3) dt.28-09-2016 2/2 informant only four persons, Nagina Raut, Rakesh Yadav, Subodh Yadav and Gita Devi are injured and they all received simple injuries. The opinion with regard to injury on head of Nagina Raut was kept reserved but the final injury report is submitted finding the injury to be simple in nature.
Considering the fact that on account of land dispute there was mutual assault between the two sides and both sides got injuries but from the side of informant all the injured 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 Additional Chief Judicial Magistrate-VIII, Gopalganj in Barauli P.S. Case No. 99 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T