Laxman Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5198 of 2016 Arising Out of PS.Case No. -265 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================
1. Laxman Yadav Son of Kauleshwar Yadav
2. Vinay Yadav son of Kauleshwar Yadav Both are resident of villageFatehpur P.S.- Dobhi, Dist- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Prasad For the Opposite Party/s : Mr. R.P.S.Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sherghati ( Dobhi) P.S.Case No. 265/2014 registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 506 of Indian Penal Code.
The prosecution case as per the FIR, lodged on the basis of written report given by Laxman Yadav that on 24.09.2014 at about 3.00 P.M. accused persons came to the house of the informant and assaulted the informant and his brother. It has been specifically submits that another Coaccused Lallan Yadav @ Pankaj Yadav assaulted with Khanti on
Patna High Court Cr.Misc. No.5198 of 2016 (2) dt.26-02-2016 2/3 the informant's brother causing injury on his head. It has also alleged that the co-accused persons assaulted the informnant's Bhabhi, Asha Devi.
It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and caused no injury on any person. There is a counter case by the petitioner's side bearing Sherghati (Dhobi) P. S. Case No. 266/2014 in which three persons from the petitioners' side received grievous injuries. A statement has been made in para-3 of this application that the petitioners have no criminal history.
Learned counsel for the petitioners further submits that the allegations are general and omnibus and a Co-ordinate Bench of this Court has granted the privilege of anticipatory bail to other co-accused in Cr. Misc. No. 31244/2015 dated 31.07.2015 and Cr. Misc. No. 6571 0f 2016 dated 11.02.2016 for same and similar allegations.
However, learned A.P.P. for the state opposes the prayer for bail.
Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties
Patna High Court Cr.Misc. No.5198 of 2016 (2) dt.26-02-2016 3/3 of like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Sherghati (Dhobi) P.S.Case No. 265/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T