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Patna High CourtCR. MISC./41469/2015bail granted

Shyamdeo Yadav And ANR v. The State Of Bihar

2015-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41469 of 2015 Arising Out of PS.Case No. -140 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Shyamdeo Yadav, Son of Sri Raj Bali Yadav,

2. Akhilesh Yadav Son of Motilal Yadav. Both are Resident of VillageBhaishi, P.S.- Manjhagarh, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 447, 341, 323, 307 and 504/34 of the Indian Penal Code. Allegation against petitioner no. 1 is that he caught hold of the informant and petitioner no. 2 assaulted him with an iron rod on his head. Cousin brother of the informant, who came to rescue him, was also assaulted It has been submitted on behalf of the petitioners that they have got no criminal antecedent. They are in custody since 11.7.2015. Chargesheet has been submitted in the present case.

There is no allegation of tampering of evidence against the petitioners. As per prosecution case, petitioner no. 2 had given a single iron rod blow on the head of the informant but from perusal of the injury report it would appear that there are three injuries on the body of the informant. It is a case and counter case between the parties. Counter case is placed at Annexure-2 to the present application.

Patna High Court Cr.Misc. No.41469 of 2015 (4) dt.23-11-2015 2 / 2 On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Vivek Kumar Singh, Judicial Magistrate, Ist Class, Gopalganj, in connection with Manjhagarh P.S. Case no. 140 of 2015.

(Sudhir Singh, J) sudip/- U T