Mahaveer Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45045 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -IMAMGANJ District- GAYA ======================================================

1. Mahaveer Yadav Son of Late Rekha Yadav

2. Basudeo Yadav Son of Mahaveer Yadav

3. Laldeo Yadav Son of Mahaveer Yadav

4. Gurudeo Yadav Son of Sarju Yadav

5. Pairu Yadav Son of Late Birju Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. The prosecution case is that for a dispute with regard to eating of fodder by the she-buffalo of the informant, the coaccused Suman Yadav assaulted on the head of the informant with 'tangi'. On alarm being raised, when wife and brother of the informant came to rescue then they were assaulted by the petitioner with 'lathi' and 'tangi'.

Patna High Court Cr.Misc. No.45045 of 2015 (2) dt.15-10-2015 2/2 It is submitted by learned counsel for the petitioners that one injury of the informant and two injuries of wife of the informant have been found to be grievous. The specific accusation of making assault is only against co-accused Suman Yadav. The accusation of assault is omnibus and general against the petitioners. There is counter version of the occurrence wherein petitioners' sides have also received injuries. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Imamganj P.S. Case No.63 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T