Satish Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.45626 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45626 of 2015 Arising Out of PS.Case No. -121 Year- 2015 Thana -JALE District- DARBHANGA ======================================================

1. SATISH YADAV, SON OF SATRUDHAN YADAV,

2. SHUSHIL YADAV, SON OF SATRUDHAN YADAV,

3. LUTAN YADAV, SON OF SATRUDHAN YADAV,

4. ANIL YADAV, SON OF MUKUND YADAV,

5. AMARNATH MISHRA, SON OF MAGNU MISHRA,

6. BRIJ KISHORE ANKIT, SON FO AMARNATH MISHRA, (BUT IN THE F.I.R. JAI KISHORE MISHRA IS MENTIONED AND POLICE IS APPREHENDING THE APPELLANT ON THE BASIS OF SAID NAME) ALL RESIDENT OF VILLAGE - NARAUCHH, P.S. - JALEY, DISTRICT - DARBHANGA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jaley P.S. Case No. 121 of 2015 registered under Sections 147, 148, 447, 341, 323, 324, 307, 427, 379, 504 and 506 of the Indian Penal Code.

The prosecution case is that the petitioners came at the house of informant, Choukidar, Dukha Mandal, and started to abuse him. In that course, petitioner no. 1 gave Farsha blow at the head of the informant whereas petitioner nos. 2 and 3 caused

Patna High Court Cr.Misc. No.45626 of 2015 (2) dt.14-10-2015 injury to the informant through Lathi. Subhash Yadav, Son of the informant, was also assaulted by petitioner no. 5 through lathi. Learned counsel for the petitioners submits that, in fact, occurrence dated 28.07.2015 took place where the Coupon was distributed and prosecution side also assaulted, in which, petitioner no. 1, Satish Yadav, sustained injury, regarding which, Jaley P.S. Case No. 122 of 2015 has been instituted on the basis of written report of petitioner no. 1.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Drbhanga, in connection with Jaley P.S. Case No. 121 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Out of two sureties, one surety must be the close relative of the petitioners, who will file an affidavit showing their relation with the petitioners.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T