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Patna High CourtCR. MISC./47143/2016bail granted

Ganesh Yadav And ANR v. The State Of Bihar

2016-12-16Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47143 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -KEOTI District- DARBHANGA ======================================================

1. Ganesh Yadav, S/o Sri Narayan Yadav.

2. Dinesh Yadav, S/o Sri Narayan Yadav.

Both resident of village- Badh Samaila, P.S.- Keoti, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 16-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Keoti P.S. Case No.118 of 2016 registered under Sections 147, 149, 341, 323, 324, 379, 447, 354, 307 and 504 of the Indian Penal Code.

The accusation is that six persons, named in the F.I.R., including the petitioners reached at the Bathan of the informant Kishun Yadav where on the order of the co-accused Srinarayan Yadav, the petitioner no.1 caused injury on the head of the informant through Farsa and petitioner no.2 also caused blood injury on his neck through sword. At that time, the co-accused

Patna High Court Cr.Misc. No.47143 of 2016 (2) dt.16-12-2016 2/3 Naresh Yadav, Santosh Yadav and Shobhit Yadav caused injury on the back of the informant through lathi.

Learned counsel appearing on behalf of the petitioners submits that due to land dispute the occurrence of "Maar-Peet" took place between the parties in which the petitioner no.1 was also assaulted by the informant of the present case regarding which on the basis of the fardbeyan of the petitioner no.1, Keoti P.S. Case No.75 of 2015 under Sections 147, 149, 341, 323, 324, 379, 427, 504 and 506 of the Indian Penal Code was instituted against the informant and his other family members. Moreover, the four injuries, as found on the person of the informant, are simple in nature caused by hard and blunt substance not by sharp cutting weapon like Farsa and Sword as alleged by the informant. Further submission is that the petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Keoti P.S. Case No.118 of 2016, subject to the

Patna High Court Cr.Misc. No.47143 of 2016 (2) dt.16-12-2016 3/3 conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T