Noonu Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29376 of 2015 Arising Out of PS.Case No. -192 Year- 2014 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Noonu Yadav S/o Late Mahabir Yadav

2. Survind Yadav S/o Noonu Yadav

3. Manjay Yadav S/o Radhe Yadav All resident of Village Narepur Diara, Chhapan Tola, P.S. Bachwara, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 It is submitted by the learned counsel for the petitioners that petitioner no. 2 namely Survind Yadav has already been arrested and his application for anticipatory bail has become infructuous.

Accordingly, his application is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1 and 3 and the State.

The petitioner nos. 1 and 3 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307 of the Indian Penal Code.

Patna High Court Cr.Misc. No.29376 of 2015 (2) dt.28-07-2015 It is alleged that the petitioner no. 1 caused firearm injury on the left leg of the informant. Petitioner nos. 2 and 3 also fired, but it did not cause any injury to the informant. Co-accused Mahesh Yadav snatched golden Hanumanji from the informant.

It is submitted by the learned counsel for the petitioner Nos. 1 and 3 that the injury report of the informant suggests that the injuries have been found abrasion, pain, swelling and lacerated wound of marginal size, caused by hard and blunt substance. Though one of the injuries has been found to be grievous. There is counter version of the occurrence.

It is submitted by the learned counsel for the informant that accusation is specific against the petitioner nos. 1 and 3.

Considering the fact that the accusation is not corroborated with the medical opinion and the statement has been made in para-3 of the petition that petitioner nos. 1 and 3 have no criminal antecedent, let the above named petitioner nos. 1 and 3 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Bachhwara P.S. Case

Patna High Court Cr.Misc. No.29376 of 2015 (2) dt.28-07-2015 No. 192 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T