Arun Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19917 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Arun Yadav Son of Laxmi Yadav

2. Kapleshwar Yadav S/o Late Shanishar Yadav

3. Sita Ram Yadav S/o Laxmi Yadav

4. Chandan Yadav S/o Laxmi Yadav

5. Laxmi Yadav S/o Nakchhedi Yadav

6. Dukhan Yadav S/o Kapleshwar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s : Mr. Hirday Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 326, 307 and 379 of the Indian Penal Code. Prosecution case is that on 30.01.2016 at 05.00 PM, all the FIR named accused persons including the petitioners came variously armed and started blocking the public road. When the

Patna High Court Cr.Misc. No.19917 of 2016 (2) dt.05-05-2016 2/3 informant and his son tried to stop the accused persons then petitioner no.1 Arun Yadav pointed pistol on the informant and petitioner no.3 Sita Ram Yadav caught hold the informant's son. In the meantime, petitioner no.4 Chandan Yadav assaulted with 'farsa' on the head of the son of the informant, caused injuries, petitioner no.1 Arun Yadav fired on the informant but it did not cause any injury whereas all the accused persons assaulted with 'lathi' to the son of the informant. It is further alleged that petitioner no.5 Laxmi Yadav and petitioner no.4 Chandan Yadav snatched Rs.12000/- from the pocket of the informant. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and no injury has been caused to any one. 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 CJM, Supaul, in connection with

Patna High Court Cr.Misc. No.19917 of 2016 (2) dt.05-05-2016 3/3 Triveniganj P.S. Case No.29/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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