Patna High CourtCR. MISC./27944/2016rejected

Bahadur Yadav @ Bahadur And ORS v. The State Of Bihar

2016-09-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27944 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -GUTHNI District- SIWAN ======================================================

1. Bahadur Yadav @ Bahadur S/o Bhus Yadav

2. Brijesh Yadav S/o Baleshwar Yadav

3. Pramod Yadav S/o Bahadur Yadav All are R/o Village- Sohagara Ghat, P.S. -Guthani, District-Siwan .... .... Petitioners

Versus

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

For the Petitioners : Mr. Radha Krishna Singh, Advocate.

For the Opposite Party : Mr. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-09-2016 Heard both sides.

The petitioners apprehend their arrest in Guthni P.S. Case No. 23 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that while he was taking tea on his Darwaja his co-sharer Bahadur Yadav @ Bahadur petitioner no. 1, Brijesh Yadav petitioner no. 2, Pramod Yadav petitioner no. 3 and Ajit Yadav came having different weapons in their hand and on the order of Bahadur Yadav @ Bahadur, Ajit Yadav assaulted the father of the informant with Pharsa on his head. Pramod Yadav is alleged to have assaulted the informant with spade on his thigh and his thigh was broken. Brijesh Yadav is alleged to have

Patna High Court Cr.Misc. No.27944 of 2016 (3) dt.27-09-2016 2/2 assaulted Nitu Kumri with Lathi causing fracture injury on her arm.

Learned counsel for the petitioners submits that Nageshwar Yadav father of the informant got as many as four injuries. The doctor opined the injuries as grievous in nature but the doctor did not point out which injury is grievous in nature. Similarly Nitu Kumari got three injuries but which injury is grievous is not pointed out by the doctor but from perusal of the records, it appears that injury found on the hand of Nitu Kumari is grievous in nature and author of that injury is Brijesh Yadav. The injury found on Nageshwar Yadav is grievous in nature and the author of that injury is Pramod Yadav.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T