Subodh Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6544 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -PARAIYA District- GAYA ======================================================
1. Subodh Yadav.
2. Sundar Yadav.
3. Pahalwan Yadav.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar, Advocate. For the Opposite Party : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2015 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 307, 323, 324, 325/24, 341, 427, 448, 504 and 506 of the Indian Penal Code. The specific accusation against petitioner nos. 1 and 3 to have assaulted the husband and brother-in-law(Dewar) of the informant. There is no specific accusation of assault against petitioner no. 2.
It is submitted by learned counsel for petitioners that accusation is omnibus and general whereas one injury each to the husband and brotherin-law of the informant has been found to be grievous.
Patna High Court Cr.Misc. No.6544 of 2015 (2) dt.10-03-2015 2 / 2 Considering the above facts, let the learned court below consider the prayer for regular bail of petitioner nos. 1 and 3 keeping in view of the fact that there is counter version of occurrence also, if they surrender within a period of six weeks from the date of receipt/production of copy of the order in connection with Paraiya P.S. Case No. 103 of 2014 pending in the court of the learned C.J.M. Gaya. With this observation, the application of petitioner nos. 1 and 3 is disposed off.
So far petitioner no. 2 Sundar Yadav is concerned since there is no accusation of assault, let him except petitioner nos. 1 and 3, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Paraiya P.S. Case No. 103 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Dinesh Kumar Singh, J) U T