Bikash Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37294 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -SAMHO District- BEGUSARAI ======================================================
1. Bikash Yadav.
2. Rakesh YAdav Both sons of Chamru Yadav, resident of village Salha Binda toli, P.S. Shamho, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 447,341,323,307 and 504/34 of the Indian Penal Code. The prosecution case is that the petitioners came armed with lathi and danda and assaulted the informant. The accused persons also assaulted Meera Devi when the sons of the informant Jitendra Kumar and Niraj Kumar came to rescue, they were also assaulted.
It is submitted by the learned counsel for the petitioners that the petitioners are agnates of the informant and for
Patna High Court Cr.Misc. No.37294 of 2015 (2) dt.15-09-2015 2/2 the property dispute the accusation has been levelled. It is further submitted that all the injuries have been found to be simple in nature and on conclusion of investigation final form (charge sheet) was submitted under sections 341,447,323 and 504/34 IPC but differing with the same, cognizance has also been taken under section 307 IPC. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Samho P.S. Case No. 24 of 2014 pending in the court of learned CJM, Begusarai. This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J) Anil/- U T