Manu Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10554 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -SANDESH District- BHOJPUR ======================================================
1. Manu Yadav
2. Sagar Yadav
3. Dhiraj Yadav
4. Satyendra Yadav
5. Ranjeet Yadav
6. Ramdhari Yadav
7. Ram Kishun Yadav
8. Kamlesh Kumar
9. Nagendra Yadav @ Nagendra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Lallan Singh-Advocate For the Opposite Party/s : Mr. Madan Kumar(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.
In the background of the fact that petitioner no.4, Satyendra Yadav, who along with Vikas Yadav happens to be the assailant of Bhola Choudhary, who has been referred to P.M.C.H. and injury report relating to him is yet to be received by the Investigating Officer, the learned counsel for the petitioners seeks withdrawal of instant petition relating to him. Accordingly, instant petition is dismissed as withdrawn relating to petitioner no.4, Satyendra Yadav. There happens to be an allegation of assault over
person of informant, Veer Bahadur Chaudhary by Kamlesh Kumar, Akhilesh Kumar, Awadhesh Yadav by means of weapons having in their hands, respectively and further, when the other family members arrived, their associates, so named including the petitioners, came and assaulted them with their respective weapons. It has also been alleged that Idal Yadav had given sickle blow over wife of informant and during course thereof, Bhola was assaulted by Satyendra Yadav and Vikas Yadav while wife of informant was taken away for treatment by his cousin brother, he was assaulted by Ramdhari Yadav and Ranjit Yadav with Garasa. Informant's nephew has also been assaulted by Dhiraj Yadav with lathi.
Paragraph-53 contains injury report of Amarjit Choudhary, who had sustained simple lacerated wound, simple in nature caused by hard and blunt substance, Amit Chaudhary sustained lacerated wound, simple in nature caused by hard and blunt substance, Renu Devi sustained lacerated wound, opinion reserved, Bir Bahadur Choudhary sustained single lacerated wound as well as abrasion, simple in nature caused by hard and blunt substance, Ram Pravesh Choudhary having no injury, Rajesh Choudhary sustained single lacerated wound, opinion reserved and Bhola Choudhary, opinion reserved.
That being so, petitioners are directed to surrender before the learned lower Court with a prayer for regular bail which, the learned lower Court will consider favourably in light of the finding regarding injuries sustained by respective injured. More particularly that none of the petitioners happen to be the assailant of Bhola Choudhary.
With the aforesaid observation, instant petition is disposed of.
(Aditya Kumar Trivedi, J) Vikash/- U T