Ram Lakhan Yadav @ Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72113 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== Ram Lakhan Yadav @ Lakhan Yadav, S/o- Prabhu Yadav, resident of VillageDharsanda, P.S.- Sikandra, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate.

Mr. Arbind Kumar, Advocate.

Mr. Harivansh, Advocate.

For the Opposite Party/s :

Mr.Sri Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Sikandra P.S. Case No. 186 of 2018 instituted for the offence under Sections 147, 148, 341, 323, 307, 325, 379 and 504 of the Indian Penal Code. Counsel for the petitioner submits that there is case and counter case between the parties. The counter case has been filed by brother of this petitioner Mahesh Yadav vide Sikandra P.S. Case No. 187 of 2018 against informant and others.

In the written report there is allegation against the petitioner that he along with others as named in the written report assaulted the informant and his two sons namely, Nitesh Kumar and Niraj Kumar with lathi, danda, rod etc. on account

Patna High Court Cr.Misc. No.72113 of 2018(3) dt.20-12-2018 2/2 of which they sustained injuries on their heads and leg. The injury report of all the injured have been enclosed as Annexure-3 series from which it appears that informant has sustained simple injury. The son of the informant namely, Nitesh Kumar has sustained head and leg injuries which was opined to be grievous in nature. Similarly, the Doctor has found one lacerated wound on middle skull and one lacerated wound on right side of skull of another son of the informant namely Niraj Kumar caused by hard and blunt substance. There is no specific allegation attributed to the petitioner of causing injury to those injured. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed.

Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri M. K. Pandey, learned Judicial Magistrate, 1st Class, Jamui, in connection with Sikandra P.S. Case No. 186 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioner. S.