Lakhu Yadav @ Lahaku Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53988 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== 1.
LAKHU YADAV @ LAHAKU YADAV S/o Faujdar Yadav 2.
Triloki Yadav S/o Shivnath Yadav 3.
Umesh Yadav S/o Devnath Yadav 4.
Munna Yadav S/o Late Adnath Yadav 5.
Dinesh Yadav S/o Devnath Yadav 6.
Munna Yadav S/o Bhulan Yadav All R/o village- Hari Ketala, P.S.- Khavashpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2019 Learned counsel for the informant appeared by filing vakalatnama. Let the same be kept on record.
Heard learned counsel for the petitioners, learned A.P.P. and learned counsel for the informant. The petitioners apprehend their arrest in Barhara P.S. Case No.137 of 2019 registered under Section 307 and other minor Sections of the Indian Penal Code.
The informant named altogether 19 persons including six petitioners and alleged that they all having armed with different weapons came to his darwaza. Dinesh Yadav(petitioner
Patna High Court CR. MISC. No.53988 of 2019(2) dt.28-08-2019 2/3 No.5) and Suresh Yadav caught the hands of the informant. Ajay Yadav and Happy Yadav assaulted the informant causing injury on his head and other parts of the body. When the uncle of the informant namely, Kanhaiya Yadav came to save, Munna Yadav(petitioner No.6) is said to have tied towel around the neck of Kanhaiya Yadav and Sanjay Yadav assaulted him with iron rod. Rahul Yadav assaulted him with country made pistol on his forehead. Chinta Devi, daughter-in-law of the informant also came but Ashok Yadav and Triloki Yadav(petitioner No.2) assaulted her with stick and Ashok Yadav snatched her Mangalsutra. The accused persons are alleged to have damaged the asbestos of the house of the informant.
The learned counsel for the petitioners submits that there are six petitioners but save and except against petitioner No.2(Triloki Yadav), there is no allegation of assault against other five accused persons. The daughter-in-law of the informant got simple injury that too on non vital part of the body.
Learned counsel for the informant could not be able to show any specific allegation against the petitioners. Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or
Patna High Court CR. MISC. No.53988 of 2019(2) dt.28-08-2019 3/3 surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barhara P.S. Case No.137 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T