Daya Lal Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40608 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -TRIVENIGANJ District- SUPAUL ======================================================
1. Daya Lal Yadav
2. Bishundeo Yadav
3. Brahmdeo Yadav All Sons of Late Baldeo Yadav
4. Vikash Kumar Son of Dayalal Yadav All residents of Village Pakri, Police Station Triveniganj, District - Supaul.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-10-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 448, 504, 323, 324, 307, 427 and 379 of the Indian Penal Code.
Patna High Court Cr.Misc. No.40608 of 2015 (2) dt.01-10-2015 2/3 The prosecution case is of making assault to the son and other family members of the informant by the accused persons with lathi, Farsa and Dabiya. It is further alleged that the accused persons took out Rs.75,000/- cash, jewellery and other articles from the house.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. The injuries have been found to be simple except one injury of the son of the informant which has been found grievous due to impairing of vision. The accusation is not corroborated by the medical opinion as all the injuries have been found to be caused by hard and blunt substance when the specific accusation is that all the accused persons assaulted with sharp cutting weapon. The petitioners' side lodged case at earlier point of time and they have also received injuries.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory 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, Supaul in connection with Triveniganj P.S.
Patna High Court Cr.Misc. No.40608 of 2015 (2) dt.01-10-2015 3/3 Case No. 51 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T