Vimlesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56374 of 2018 Arising Out of PS. Case No.-170 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Vimlesh Yadav, S/o Awadh Yadav,

2. Indrajit Yadav @ Indrajit Kumar S/o Ram Gahan Yadav,

3. Prabhat Yadav S/o Ram Gahan Yadav, All R/o Vill.- Narsihpur, P.S.- Chaninpur, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Uday Pratap Singh, Advocate For the State :

Mr. Asharaf Ansari, APP For the Informant :

Mrs. Kiran Kumari Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by lathi, danda and axe, due to which the informant sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The alleged occurrence is said to have taken place in

Patna High Court Cr.Misc. No.56374 of 2018(3) dt.29-10-2018 2/2 spur of moment. There is no premeditation of mind. General and omnibus allegation against the petitioners. All the injuries are simple except for one injury caused on the palm of the victim. The said injury on the plam of the victim is on non-vital part of the body. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Kaimur at Bhabua in connection with Chainpur P.S. case No.170 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T