Swetamber Yadav @ Malhu Yadav @ Sitambar Jadav And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.50690 of 2015 (2) dt.06-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50690 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -BISFI (PATAUNA) District- MADHUBANI ======================================================

1. Swetamber Yadav @ Malhu Yadav @ Sitambar Jadav S/o - Late Chaudhary Yadav

2. Pritee Kumari @ Pratibha Kumari D/o - Swetamber Yadav

3. Bambloo Yadav @ Babloo Kumar Yadav @ Babloo Yadav S/o - Swetamber Yadav

4. Murari Yadav @ Murari Kumar Yadav S/o Late Nagendra Yadav

5. Ram Babu Yadav S/o Swetamber Yadav

6. Asha Devi W/o - Swetamber Yadav All are residents of Village - Kerwar, P.S. - Bisfi (Patauna O.P.), District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avinash, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 323, 325, 307, 354, 379 and 504 of the Indian Penal Code registered in connection with Bisfi (Patauna) P.S. Case No. 103 of 2015.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute. There is case and counter between the parties. It is further submitted that the injuries are simple in nature.

Patna High Court Cr.Misc. No.50690 of 2015 (2) dt.06-11-2015

4. Considering however that the petitioner no. 1 is attributed with having assaulted Ram Prit Yadav with Khanti on his head being a vital part of the body who has sustained injuries, this Court is not inclined to grant privilege of anticipatory bail to the petitioner no. 1. The anticipatory bail petition of petitioner no. 1 stands dismissed.

5. As regards petitioner nos. 2 to 6, considering that the injuries of the victims are simple in nature on non-vital part of the body, in the event of the petitioner nos. 2 to 6's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 2 to 6 be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Shashi Bhushan Kumar, learned Judicial Magistrate, Ist Class, Madhubani, in connection with Bisfi (Patauna) P.S. Case No. 103 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Md. Ibrarul/- U T