Mohan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27436 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Mohan Yadav

2. Balindra Yadav @ Balindra

3. Madresh Yadav

4. Chhotelal Yadav All are sons of late Vishwanath Choudhary, resident of vill.-Siswa Kodar, P.S.-G.B. Nagar, District-Siwan.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 379, 308 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is that due to land dispute they abused and assaulted informant with lathi, danda and knife. They have also stolen Rs.25,000/- from her bag. It is submitted on behalf of the petitioners that they have got no criminal antecedent. It is a case and counter case between the parties. There is admitted land dispute. From perusal of the impugned order it is evident that the injury report does not support the allegation made in the F.I.R. As far as F.I.R. is concerned, informant is said to have been assaulted by knife whereas the injury report shows that all the injuries are caused by hard and blunt substance.

On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in

Patna High Court Cr.Misc. No.27436 of 2016 (2) dt.13-07-2016 2/2 the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan , in connection with G.B. Nagar P.S. Case no. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T