Birendra Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.14487 of 2016 (2) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14487 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -NAUTAN District- SIWAN ======================================================

1. Birendra Yadav

2. Upendra Yadav, Both sons of Dina Chaudhary @ Dina Nath Yadav, Resident of village- Mathiya Ke Tola P.S. Nautan, Dist.- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Madhuri Lata For the Opposite Party/s Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.04.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 302, 307 and other allied sections of the Indian Penal Code. Petitioners and two others are named in the first information report with accusation that they assaulted the informant as well as his other family members including mother of the informant as a result whereof informant and his family members sustained injuries and in course of treatment, mother of the informant died. Learned counsel for the petitioners submits that coaccused Rakesh Yadav and Ranjan Yadav, having more or less similar allegation, have already been granted privilege of bail. It is further contended by him that a free fight took place between the parties due to disputed tree and in the aforesaid free fight persons from both sides

Patna High Court Cr.Misc. No.14487 of 2016 (2) dt.08-04-2016 sustained injuries and moreover, mother of the petitioner lodged Nautan PS. Case no 53/2015 against the prosecution party. The impugned order of Addl. Sessions Judge corroborates the aforesaid fact. Moreover, it would appear from perusal of the impugned order that deceased sustained one head injury but it is not clear who caused the aforesaid injury to the deceased because omnibus allegation of assault against the petitioners and two others has been levelled.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Nautan P.S. Case no. 52/2015.

shahid (Hemant Kumar Srivastava,J) U T