Rambilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55006 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- RAHIKA District- Madhubani ====================================================== 1.

RAMBILASH YADAV Son of Late Rameshwar Yadav 2.

Ashok Yadav Son of Rambilash Yadav 3.

Vijay Yadav @ VIJAY KUMAR Both are Sons of Rambilash Yadav 4.

Radhey Shyam Yadav Son of Mahendra Yadav 5.

Rambabu Yadav Son of Sakal Deo Yadav All are Resident of Village - Babhnagri, P.S. - Rahika, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 The petitioners apprehend their arrest in connection with Rahika P. S. Case No. 46 of 2019 registered under Sections 307, 323,341,379,504 and 506/34 of the Indian Penal Code. Allegation against the petitioners is that on 16.05.2019, while the informant was standing near a betel shop, petitioners assaulted the informant by fists and slaps and upon order of petitioner no. 1, petitioner no. 2 assaulted the informant by means of katta on his head causing injury to the informant. Learned counsel appearing on behalf of the petitioners submits that both, petitioners and informant are co-villagers and there is case and counter case in between the parties inasmuch as a complaint case dated 23.05.2019 bearing Complaint Case No. 408

Patna High Court CR. MISC. No.55006 of 2019(2) dt.30-08-2019 2/2 of 2019 was filed for an incident which had taken place on the same day. Learned counsel further submits that FIR was lodged after delay of about three days on 19.05.2019. Learned counsel, relying upon Annexure-3 to the application, submits that all injuries caused to the informant have been found simple in nature. After having heard learned counsel for the parties and taking into consideration the fact that both parties are co-villagers and that there is case and counter case in between the parties and the injuries cased to the informant are simple in nature as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Madhubani in connection with Rahika P.S.Case No. 46 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T