Gorakhnath Yadav @ Gorakh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11387 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Gorakhnath Yadav @ Gorakh Yadav, Son of Ramadhar Yadav
2. Pappu Yadav @ Pappu Kumar Yadav, Son of Ajay Yadav
3. Gautam Kumar Yadav, Son of Ajay Yadav. All are residents of village - Lakrakol, P.S. Pirpainty, District - Bhagalpur. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Pirpainty P.S. Case No. 45 of 2015 for the offence punishable under Sections 147, 149, 447, 341, 323, 307 and 504 of the Indian Penal Code.
The prosecution case is that the accused persons abused the sister of the informant and assaulted the informant on his head with intent to kill him. It is further alleged that accused persons cut the fingers of the informant.
Learned counsel for the petitioners submits that the allegations are false, and in fact, brother of the informant did not
Patna High Court Cr.Misc. No.11387 of 2016 (2) dt.17-03-2016 2/2 sustain any cut injury on his fingers. Furthermore, there is injury on both sides also.
In the facts and circumstances of the case, let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur in connection with Pirpainty P.S. Case No. 45 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, with the condition that the petitioners would not physically absent for two consecutive dates at stretch till one witness is examined in the trial.
(Samarendra Pratap Singh, J) Vats/- U T