Bhim Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8210 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Bhim Yadav S/o Parmanand Yadav

2. Raj Kumar Yadav @ Shital Yadav S/o Parmanand Yadav

3. Parmanand Yadav S/o Late Manik Lal Yadav

4. Bhawani Yadav S/o Uchit Lal Yadav All residents of village - Chautara, P.S. Shambhuganj, Distt. Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Shambhuganj P.S. Case No. 106 of 2016 instituted for the offence under Section (s) 341, 323, 324, 325, 307, 354, 34 of the Indian Penal Code.

It has been submitted that the occurrence has taken place on account of land dispute. There is general and omnibus allegation against these petitioners. The doctor has found simple injuries and only one injury on the person of the wife of the informant has been described as grievous injury which is fracture of wrist joint.

Patna High Court Cr.Misc. No.8210 of 2017 (2) dt.27-02-2017 2/2 From the written report itself, it appears that occurrence has taken place on account of land dispute and there is general and omnibus allegation against all the accused persons including the petitioners of assaulting with lathi, danda and iron rod. The injury report has been annexed as Annexure-2 series which shows that nature of injuries sustained by the informant is simple in nature and that by wife of informant is also simple in nature except injury no. 2 which has been described as grievous as fracture on the wrist joint.

In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Shambhuganj P.S. Case No. 106 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T