Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5099 of 2021 Arising Out of PS. Case No.-177 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== 1.
MOHAN YADAV Son of Late Ramprit Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani.
2.
Sanjeet Yadav Son of Late Ramprit Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani.
3.
Uday Yadav Son of Late Ram Prit Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani.
4.
Lal Yadav Son of Rameshwar Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani.
5.
Sone Yadav Son of Bhangwan Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani.
6.
Ranjeet Yadav Son of Ram Deo Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani.
7.
Raghav Yadav @ Raghav Yadav Son of Uttim Yadav Resident of Village - Basaith, P.S. Benipatti, District - Madhubani. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-10-2021 Heard Mr. Gagan Deo Yadav, the learned counsel for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Benipatti P.S. Case No. 177 of 2019 instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 504 and 506 of the Indian Penal Code. Several persons are said to have come to the
Patna High Court CR. MISC. No.5099 of 2021(3) dt.25-10-2021 2/3 house of the informant and assaulted the members of the prosecution party.
There is a counter version of the occurrence as well.
Eight persons are said to have been injured in the occurrence. Some of the persons have received injuries, the nature of which could not be ascertained. The dimension of such injuries do not appear to be grievous. The specific accusation of assault though in the F.I.R. is against petitioner nos. 1, 4 and 5 but during the course of investigation, no such specific accusation has been leveled against them. The injuries suffered by most of the victims are stated to be simple in nature. The occurrence, it has been urged, has not taken place in the manner in which it has been alleged in the First Information Report. Regard being had to the afore-stated facts, the provisional granted to the petitioner nos. 2, 3, 6 and 7 by order dated 10.09.2021, is hereby confirmed. They shall remain on the same bail bonds.
So far as the petitioner nos. 1, 4 and 5 are
Patna High Court CR. MISC. No.5099 of 2021(3) dt.25-10-2021 3/3 concerned, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate -I, Benipatti, Madhubani, in connection with Benipatti P.S. Case No. 177 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T