Rajesh Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.6362 of 2016 (2) dt.10-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6362 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Rajesh Yadav, Son of Biput Yadav

2. Chunu Yadav

3. Munu Yadav Both son of Late Thakur Yadav All residents of Village Malhipur, P.S. Chenari, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhouri Vipin Bihari Shrivastava For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

The prosecution case is that on protest being made for allowing the animals to graze the crop from the informant's side, the accused persons assaulted the informant by lathi and tangi. It is specifically alleged that petitioner No.1, Rajesh Yadav, caused injury by tangi on the leg of the informant.

It is submitted by learned counsel for the petitioners that in the background of petty dispute accusation has been levelled against the petitioners and there is a counter version of the

Patna High Court Cr.Misc. No.6362 of 2016 (2) dt.10-02-2016 occurrence also. Although the opinion has been kept reserved with regard to one cut on the right knee joint below and lacerated wound found on the right knee joint of the informant. Considering the specific accusation against petitioner No.1, Rajesh Yadav, let the learned court below consider the prayer for regular bail, if he surrenders before the learned court below within a period of six weeks from today. So far as petitioner No. 2, Chunu Yadav and petitioner No. 3, Munu Yadav, are concerned, since there is omnibus and general accusation against them and as stated in paragraph no.

3 of the petition that petitioners have no criminal antecedent, let them be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chenari P.S. Case No.151 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Dinesh Kumar Singh, J) V.P.