Sudarshan Yadav @ Sudarshan Prasad And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.53206 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53206 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================

1. Sudarshan Yadav @ Sudarshan Prasad, son of Ramjee Yadav

2. Pramod Kumar, son of Baliram Yadav

3. Dwarika Yadav, son of late Devnandan Yadav

4. Sanjay Yadav, son of Sidheshwar Yadav All are resident of village-Makhdumpur Ahara, P.S.-Kako, DistrictJehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kako P.S. Case No. 46 of 2017 instituted for the offences punishable under Sections 147, 148, 341, 323, 324, 307 and 504 of the Indian Penal Code.

It has been alleged that altogether 19 persons named in the F.I.R. including these petitioners assaulted the informant and his family members. The allegation of assault is not specific against the petitioners except that petitioner No. 1 assaulted Chandradeep Yadav by Pasuli. The Doctor has reported the injuries sustained by Chandradeep Yadav caused by hard and

Patna High Court Cr.Misc. No.53206 of 2017 (2) dt.09-11-2017 blunt substance as simple in nature. The other six co-accused having omnibus allegation have been allowed anticipatory bail by one of the coordinate Bench of this Court in Criminal Miscellaneous No. 48520 of 2017. Both the parties are resident of the same place and for grazing of field by a cattle, an altercation and assault had taken place.

The learned A.P.P. for the State, on the other hand, opposed the submission.

Considering the allegation, facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-4, Jehanabad in connection with Kako P.S. Case No. 46 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) ajay gupta/- U T