Dhiraj Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30695 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Dhiraj Yadav, S/o Tarni Yadav,

2. Ram Bhajan Yadav S/o Tarni Yadav, Both Residents of Vill.- Jorgama, P.S.- Murliganj, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 385, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the written report of Md. Abul dated 02.03.2018 submitted to the Station House Officer, Kumarkhand P.S. is to the effect that on 02.03.2018 at 9.00 A.M. the informant's younger brother Md. Alam along with neighbour Md. Usman had gone to attend nature's call and when the brother's informant was standing on the canal, in the

Patna High Court Cr.Misc. No.30695 of 2018 (2) dt.18-05-2018 meantime, all of sudden both the petitioners came, abused and assaulted the brother of the informant Md. Alam. On protest being made, they threatened as to why the brother of the informant has not paid the amount demanded by them. It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of village politics. The injury of the brother of the informant has been found to be simple. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP, however, submits that the petitioners are named in the FIR.

Considering the genesis of the occurrence, injury has been found to be simple in nature and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Madhepura in connection with Kumarkhand P.S. Case No. 31 of

Patna High Court Cr.Misc. No.30695 of 2018 (2) dt.18-05-2018 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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