Jageshwar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10471 of 2016 Arising out of PS.Case No. -198 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Jageshwar Yadav, Son of Late Babujan Yadav.

2. Pappu Yadav, son of Baleshwar Yadav. Both are residents of Village Makhdumpur (O.P.) Banma Itahri) P.S. Salkhua, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arun Kumar, Advocate. For the Opposite Party : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Salkhua P.S. Case No. 198 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 341, 307 and 504 of the IPC.

The prosecution story, in brief, is that all the accused persons came at the Darwaza of the informant variously armed with weapon and started abusing him and his family members. On protest being made, on the order of Jageshwar Yadav, accused persons assaulted the informant, his wife and sons mercilessly and accused Pappu Yadav gave Iron rod blow on the informant's son causing head injury and when Bechu Yadav tried to save them

Patna High Court Cr.Misc. No.10471 of 2016 (2) dt.18-04-2016 2/2 then he was assaulted by Jageshwar Yadav on his head and hand. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. It is a case and counter case. Both the parties are agnates. Injury on the part of the petitioners has not been explained by the prosecution. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

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 Salkhua P.S. Case No. 198/2015 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 A.C.J.M. II, Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T