Sita Ram Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42724 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -ALIPUR District- GAYA ======================================================

1. Sita Ram Yadav Son of Lothu Yadav

2. Sanjay Thakur Son of Madho Thakur

3. Bhola Paswan Son of Manik Chand Paswan

4. Manoj Sao Son of Binda Sao

5. Amit Paswan Son of Ashok Paswan All residents of Village - Mira Bigha, P.S. - Alipur, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== ---With--- Criminal Miscellaneous No.47470 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -ALIPUR District- GAYA ======================================================

1. Zafaruddin Son of Late Zeyauddin

2. Shakiluddin Son of Late Zeyauddin Both resident of village - Meera Bigha, P.S. Alipur, District - Gaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners of both the applications are apprehending their arrest in connection with Alipur P.S. Case No. 43 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 153A, 109, 195, 504, 506, 509 of the I.P.C. and section 27 of the Arms Act. Therefore, both

Patna High Court Cr.Misc. No.42724 of 2015 (2) dt.09-10-2015 2/3 applications are being heard together and disposed of by this order.

The allegation of informant is that due to dispute of drainage, 17 persons named in the F.I.R., including petitioners and 50-60 unknown persons came near his house and started pelting stones and bricks in which Md. Sadam, Md. Imran, Md. Ajif, Md. Rabban, Md. Khalid Husain, Md. Ekram, Md. Raju, Md. Jakir Husain, Md. Taufiqe sustained injury.

Learned counsel appearing on behalf of the petitioners submits that in fact, occurrence took place due to dispute of drainage in which both sides started pelting stones regarding which defence side also received injury and Alipur P.S. Case No. 44 of 2015 was also instituted on the statement of Jai Prakash Thakur, co-accused. Moreover, the injuries, as found on the persons of the injured, are simple in nature, which would appear from Annexure-3 series.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with

Patna High Court Cr.Misc. No.42724 of 2015 (2) dt.09-10-2015 3/3 two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Gaya in connection with subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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