Ganesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25473 of 2018 Arising Out of PS.Case No. -593 Year- 2017 Thana -RAJAUN District- BANKA ======================================================
1. Ganesh Yadav, Son of Mahesh Yadav,
2. Mukesh Yadav, Son of Mahesh Yadav.
3. Fatto Yadav @ Subhodh Yadav, Son of Babu Lal Yadav,
4. Dhuro Yadav @ Raj Kumar, Son of Shikari Yadav.
5. Pramod Yadav @ Pramod Kumar Yadav, Son of Late Sipahi Yadav, All are resident of Village- Sakhara, P.S.- Rajoun, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 Heard the learned counsels for the petitioners, informant and the State.
The petitioners seek bail in anticipation of their arrest in connection with Rajoun P.S. Case No. 593/2017 dated 19.11.2017 instituted for the offences under Sections 147, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code. The petitioners are alleged to have assaulted the brother-in-law and nephew of the informant and when the informant and others came to their rescue, they too were assaulted. From the F.I.R. itself, it has been argued, it would appears that the informant has not seen the major part of the
Patna High Court Cr.Misc. No.25473 of 2018 (2) dt.03-05-2018 2/2 occurrence and it has further been submitted that this case is counter blast to Rajoun P.S. Case No. 594/2017 instituted by one Rekha Devi against the informant of the present case and others. Though, the hand of one Sujit Yadav is stated to have been broken but there is no specific allegation against anyone of the petitioners of having assaulted aforesaid Sujit Yadav. The narration in the F.I.R. also reflects that there is an old land dispute. The petitioners do not bear any criminal antecedent.
Regard being had to the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 593/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J.)