Sanjay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15479 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Sanjay Yadav, S/o Laxmi Yadav,

2. Brajesh Yadav, S/o Laxmi Yadav, Both Resident of Village-Bhawanipur, P.S.-Gopalpur (Rangra O.P.), District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gopalpur (Rangra) P.S. Case No. 213 of 2016, registered under Sections 448, 341, 323, 308, 379, 504 and 506/36 of the Indian Penal Code.

The accusation is that both petitioners along with Gabbar Yadav reached at the shop of informant and purchased 2 KG. Ghee at the rate of 500/- per KG but they handed only Rs.600/-. When the informant made protest then Pintu Yadav, Sadanand yadav, Rakesh Yadav and Satya Narayan Yadav came there and started to cause

assault to him through lathi and iron rod. On raising alarm, staffs of the shop and other people came and tried to save him. In the meantime, petitioner no. 2 caused injury at the head of the informant whereas petitioner no. 1 took cash of Rs.30,000/- from the cash counter of the shop of the informant on the point of pistol.

Learned counsel for the petitioners submits that due to demand of excess money as purchased of Ghee by the petitioners occurrence took place, in which, petitioners' side also sustained injury, regarding which, Gopalpur (Rangra) P.S. Case No. 212 of 2016 is instituted on the basis of written report of petitioner no. 2. Moreover, the injury as found on the person of the informant is simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 the Additional Chief Judicial Magistrate-III, Naugachia, Bhagalpur, in connection with Gopalpur (Rangra) P.S. Case

No. 213 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T