Mahendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1147 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -TEKARI District- GAYA ======================================================

1. Mahendra Yadav,

2. Michu Yadav @ Nichu Yadav @ Michi Yadav,

3. Munnu Yadav @ Munnu Kumar, all are sons of Late Girja Yadav,

4. Surendra yadav @ Surendra Kunar Yadav, son of Bad Yadav, All resident of village-Lalalpur Tola, Bandhu Bigaha, P.S. Tikari, DistrictGaya. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Tekari P.S. Case no. 264 of 2017, registered under Sections 147, 149, 341, 323, 307, 447, 504 and 506 of the Indian Penal Code. The accusation is that on 24.06.2017 at about 10.30 P.M., petitioners along with Goma Yadav armed with Lathi, Danda, rod came and started abusing and made query about his nephew Uma Shankar when the nephew made protest then all started causing assault through Lathi and stick. On hearing hulla, Chandrik Yadav and nephew Uma Shankar Yadav came to save then all started to cause injury to them. At that time, Gaura Yadav tried to give rod blow at the head of Uma Shankar, but informant intervened and he sustained

Patna High Court Cr.Misc. No.1147 of 2018 (2) dt.11-01-2018 2/2 injury at his head. At that time brother and nephew of the informant succeeded flee away to save their lives.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R with general allegation to cause assault, but specific allegation is against Gaura Yadav, who caused injury to informant, who sustained one lacerated injury at the head defuse swelling and bruise on the hand and shoulder. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 264 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T