Mukesh Yadav @ Muko Yadav @ Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60116 of 2017 Arising Out of PS. Case No.-98 Year-2016 Thana- CHANAN District- Lakhisarai ======================================================

1. Mukesh Yadav @ Muko Yadav @ Mukesh Kumar, S/o- Ram Deo Yadav,

2. Channo Yadav, S/o- Late Utar Yadav, Both R/o- VillageGopalpur, P.S.- Chanan, District- Lakhisrai, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. AKBAR ALI ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 385, 379, 307 and 504 of the IPC.

The prosecution case is that co-accused Rajendra Yadav obstructed the informant from going on the land, for which the informant's side gathered for sorting out the matter upon which the accused persons retaliated and assaulted the informant. It is further alleged that Ravish Yadav assaulted the informant with sword causing injury on the neck and when the brother-in-law of the informant, Birendra Yadav came to rescue her, then petitioner no.1, Mukesh Yadav and co-accused Ashish Yadav assaulted him with rod and axe. Thereafter, another brother-in-

Patna High Court Cr.Misc. No.60116 of 2017(2) dt.13-12-2017 2/2 law of the informant came to rescue, but he was also assaulted by iron rod by co-accused Rajendra Yadav and Ashish Yadav. Petitioner no.1, Mukesh Yadav snatched gold ring from the informant.

It is submitted by learned counsel for the petitioners that in retaliation to a petty dispute, the accusation has been levelled. The injury has been found to be simple in nature which gets reflects from the impugned order itself. There is counter version of the occurrence also, being Chanan P.S. Case No. 99 of 2016. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Considering the nature of accusation and nature of injury, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Chanan P.S. Case No. 98 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T