Chhathu @ Satish Yadav @ Chhatu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21389 of 2015 Arising Out of PS.Case No. -91 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================
1. Chhathu @ Satish Yadav @ Chhatu Yadav
2. Lakshman Yadav @ Lachhman Yadav both sons of Khublal Yadav
3. Khublal Yadav son of Late Pachu Yadav all resident of village Pan Bharva P.S. Khaira, Dist. Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,325,307,452,379,504 and 506 of the Indian Penal Code.
In the background of dispute with regard to the cutting of tree, it is alleged that all the accused persons entered into the house of the informant. The petitioners Chhathu and Lakshman Yadav assaulted with iron rod on the
head of the informant when brother and nephew of the informant came to save then petitioner Khublal Yadav and co accused Surendra Modi assaulted with Khanti. When Wakil Modi came to save then co accused Birendra and Shambhu yadav assaulted him with lathi and snatched gold chain from the neck of the informant.
It is submitted by the learned counsel for the petitioners that for the bonafide dispute of cutting of tree the petitioners were also assaulted. The injury report reflects that two persons from the informant side received one grievous injury each whereas the petitioners side also received grievous injury. It is further submitted that the petitioners' side lodged case at earlier point of time. 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of learned JM Ist Class, Jamui in connection with Khaira P.S. Case No. 91 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T