Dashrath Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7164 of 2016 Arising Out of PS.Case No. -199 Year- 2015 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Dashrath Yadav Son of Moti Lal Yadav

2. Sheo Yadav son of Karu Yadav

3. Upendra Kumar @ Upendra Yadav Son of Mahavir Yadav Resident of Village- Kapur Bigha, P.s Rafiganj, District Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Binod Kumar No. 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Rafiganj P.S. Case No. 199 of 2015 for the offences under Sections 341,328, 307, 325 and 379/34 of the Indian Penal Code.

It is alleged that the petitioners have assaulted the informant by Khanti and iron rod on his head and other parts of his body and they have also taken away Rs. 3000/- from his pocket.

It is submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent.

Patna High Court Cr.Misc. No.7164 of 2016 (3) dt.28-03-2016 2/2 There is case and counter case. From perusal of the injury report, which is enclosed to the case diary, it appears that the nature of injury is simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Rafiganj P.S. Case No. 199 of 2015 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) S.Pandey/- U T