Patna High CourtCR. MISC./6053/2017bail granted

Mahesh Yadav And ANR v. The State Of Bihar

2017-02-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6053 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -KHAIRA District- JAMUI ======================================================

1. Mahesh Yadav,

2. Rajesh Yadav, Both sons of Late Hari Yadav, resident of Villag Lalpur, Police Station Khaira, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Khaira P.S. Case No. 221 of 2016 instituted for the offence under Section(s) 147, 148, 149, 447, 341, 323, 307, 354, 504, 506 of the Indian Penal Code.

It has been submitted that there is case and counter case. The petitioners are alleged to have assaulted the father of the informant namely Sahdeo Yadav with lathi. The father of the informant sustained simple injury. From the written report, it appears that on account of putting rubbish, the altercation took place and petitioners alleged to have assaulted the father of the informant on

Patna High Court Cr.Misc. No.6053 of 2017 (2) dt.17-02-2017 2/2 his head with another co-accused Babulal Yadav, Dinesh Yadav. The injury report of the father of the informant has been annexed as Annexure-2 of the petition which reflects that the doctor has found the injury to be simple in nature. There is no accusation of repetition of the blow.

In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Khaira P.S. Case No. 221 of 2016, they 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 learned Chief Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T