Shiv Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48666 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- SUIYA District- Banka ====================================================== 1.
Shiv Narayan Yadav, Aged about 41 years, Male, Son of Gona Yadav @ Gono Yadav, Resident of Village Sijhua, P.S. Katoria, District Banka. 2.
Bishundeo Yadav @ Bishundeo Ray @ Bishandeo Ray, Aged about 21 years, Male, Son of Shiv Narayan Yadav, Resident of Village Sijhua, P.S. Katoria, District Banka.
3.
Jilo @ Jaldhar Yadav, Aged about 61 years, Male, Son of Late Aasho Yadav, Resident of Village Zeruwa, P.S. Suiya, District Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-08-2019 Heard both sides.
Petitioners apprehend their arrest in Suiya P.S. Case No.02 of 2018, registered under Sections 341, 323, 448, 379, 504, 506 and 34 of the Indian Penal Code.
The informant named the petitioners and alleged that on 16.01.2018 at about 7.30 in the night, the petitioners came to his house and began to assault his nephew Rajesh Yadav, Swati Devi and Yogender Yadav and they got injuries. During this period, the other accused persons took away silver ornaments and Rs.25,000/- cash.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.48666 of 2019(2) dt.07-08-2019 2/2 petitioners are co-villagers. From the side of the petitioners Suiya P.S. Case No.3 of 2018 was registered. Both the sides made allegations against each other that they came to their house and assaulted the inmates of the house. It is submitted that the injuries found on the persons of the injured are simple in nature. The allegation of theft is ornamental. Taking into consideration the facts aforesaid and the fact that both the sides appears to have entered into scuffle on account of petty dispute and there is case and counter case, let petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Banka in connection with Suiya P.S. Case No.02 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) S.KUMAR/- U T