Rajnesh Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.34610 of 2015 (2) dt.20-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34610 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Rajnesh Yadav S/o Fahim Yadav

2. Bidyanand Yadav S/o Bhumi Yadav Both are Resident of Village Gadhiya, P.S. Saur Bazar, District Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2015 Heard both sides.

The petitioners seek bail in a case registered for the offences punishable under Sections 307, 379,324, 323, 341, 447, 504, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

The informant named eleven persons and alleged that Rajnesh Yadav (Petitioner No. 1) fired which hit Manoj Yadav and Bidyanand Yadav (Petitioner No. 2) fired which hit Sanoj Yadav.

From the perusal of the injury report (Annexure-2 series), it appears that the injuries are superficial in nature caused by hard and blunt substance as well. The petitioners are co-

Patna High Court Cr.Misc. No.34610 of 2015 (2) dt.20-08-2015 sharers of the informant and there is series of litigation. There is counter version also.

Learned counsel for the informant as well as the Additional Public Prosecutor has however, opposed the prayer of bail and submitted that the intention of the petitioners are to kill Manoj Yadav and Sanoj Yadav but from perusal of the injury report it appears that the injuries are superficial in nature and there is counter version also. Petitioners have already remained in jail for more than two months.

Considering the facts aforesaid, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Saur Bazar P.S. Case No. 132/2014. (Prabhat Kumar Jha, J) Saif/- U