Awadhesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19567 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -PARASBIGHA District- JEHANABAD ======================================================
1. Awadhesh Yadav, S/o Chhotan Yadav,
2. Ramashray Kumar, Son of Chhotan Yadav,
3. Chhotan Yadav, Son of Late Teni Yadav, All Resident of VillageKajiyana, P.S.- Parasbigha, District- Jehanabad. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Parasbigha P.S. Case no. 150 of 2016, registered under Sections 341, 323, 324, 325, 307, 504, 506 and 379/34 of the Indian Penal Code. The accusation is that informant along with his family members were cutting the paddy crop. At that time, petitioners along with Ravindra Kumar reached there and forbade to cut the paddy crop. The informant made protest saying that he has cultivated the paddy then all the accused persons started to abuse and committed scuffle with the informant. At that time, Ravindra Kumar caused injury to Surendra Yadav, uncle of the informant, through Khanti, whereas petitioner No. 1 caused injury at the head of informant by means of
Patna High Court Cr.Misc. No.19567 of 2017 (4) dt.24-08-2017 2/2 butt of the pistol. When Rubi Kumari and Sonfi Devi, sister and aunt of the informant, rushed to save the informant and his uncle then they were also assaulted by petitioner No.2 and 3. Learned counsel for the petitioners submits that it would appear from the F.I.R. that the occurrence of Marpit took place due to land dispute, while allegation against the petitioners is to cause injury to Surendra Yadav, Rubi Kumari and Sonfi Devi, but the injuries as found on the person of Surendra Yadav, Rubi Kumari and Sonfi Devi are 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 150 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T