Naresh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66097 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Naresh Yadav.

2. Umesh Yadav @ Kailu Yadav @ Kailu.

3. Lalita Yadav @ Murari @ Murari Yadav. All sons of Maksudan Yadav. R/V- Vari Tole, Sonama, P.O.+ P.S. Singhia, District- Samastipur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sachin Kumar, Advocate. For the Opposite Party : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 307, 324, 341 and 504/34 of the IPC.

The prosecution story, in brief, is that all the accused persons armed with deadly weapon surrounded Mohan Yadav, son of informant, and they brought him at their Darwaja and petitioner no. 2 Umesh Yadav with intention to kill, assaulted his son Mohan Yadav causing head injury and fell down on earth thereafter petitioners and others assaulted him with Farsa and Iron rod with intention to kill him. Wife of co-accused Kailu Yadav and Dhodhai Yadav also assaulted him with Lathi-Danda.

Patna High Court Cr.Misc. No.66097 of 2018 (2) dt.01-11-2018 2/2 It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Nature of injury is said to be simple. Hence, no offence under Section 307 of the IPC is made out. There are multiple number of cases pending between the parties.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 learned A.C.J.M.-Vth, Rosera, in connection with Singhia P.S. Case No. 21/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T