Rajesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50792 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Rajesh Yadav, son of Rajendra Yadav

2. Ganesh Prasad @ Ganesh Yadav, son of Rajo Yadav Both resident of Village- Trilokibigha, P.S. Muffasil, District Nawada. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bhavesh Kumar, Advocate. For the Opposite Party : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 504, 447 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the Fard-beyan that on the date of occurrence the petitioners with other accused persons assaulted the mother of informant Chinta Devi with lathi and danda. It is further alleged that co-accused Shiv Yadav was making firing from the pistol whereas the co-accused Sitaram Yadav assaulted Manju Devi, aunt of the informant, by rod.

The learned Sessions Judge has mentioned in the

Patna High Court Cr.Misc. No.50792 of 2016 (3) dt.17-01-2017 2/2 impugned order that as per paragraph-43 of the case diary, injured Chinta Devi has sustained two injuries and no any visible injury seen on her body. Both the injuries caused by hard and blunt substance.

In such circumstances, since there is no allegation of overt act against the petitioners, let them in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Mufassil P.S. Case No. 39 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438

(2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T