Kundan Kumar Yadav @ Kundan Yadav And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.5224 of 2016 (4) dt.06-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5224 of 2016 Arising out of PS. Case No. -199 Year- 2015 Thana -BARARI District- KATIHAR ======================================================
1. Kundan Kumar Yadav @ Kundan Yadav
2. Sundar Kumar Yadav alias Sundar Yadav Both sons of Sikandar Yadav
3. Bindeshwari Yadav
4. Shyamdeo Yadav 3 and 4 are sons of late Siya Ram Yadav
5. Mukesh Yadav son of Bindeshwari Yadav
6. Mangar Yadav @ Mangan Yadav son of Shyamdeo Yadav All residents of village Kaushalipur, Bakiya Diyara, P.S. Barari, District Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bhola Prasad, Advocate Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. A.M. P. Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-04-2016 Heard Mr. Bhola Prasad, learned counsel for the petitioners and counsel for the State.
The six petitioners herein apprehend arrest in connection with Barari P.S. Case No. 199 of 2015 for offences punishable under Sections 147, 148, 149, 307, 302, 504, 337, 338 and 506 of the Indian Penal Code.
Mr. Prasad, learned counsel for the petitioners while admitting that the case also accompanies an allegation under Section 302 has invited the attention of this Court towards the FIR present at Annexure-1 to submit that although all 13 accused have been collectively charged with assault on the informant and his family but whereas the petitioner no. 3 Bindeshwari Yadav
Patna High Court Cr.Misc. No.5224 of 2016 (4) dt.06-04-2016 has been charged as an order giver and accused Sikandar Yadav, Babita Devi and Munni Devi have been charged with pelting stones on the father of the informant as well as his brother and nephew and which has led to the death of the father and one Rahul Yadav, the nephew of the informant but there is no allegation against other petitioners herein.
Having heard learned counsel for the parties and considering the nature of allegations present in the FIR, let the petitioner no. (1) Kundan Kumar Yadav @ Kundan Yadav; petitioner no. (2) Sundan Kumar Yadav alias Sundan Yadav; petitioner no. (3) Bindeshwari Yadav; petitioner no. (4) Shyamdeo Yadav; petitioner no. (5) Mukesh Yadav; and petitioner no. (6) Mangar Yadav @ Mangan Yadav in the event of their arrest or surrender within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 199 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) S.Sb/- U T