Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62318 of 2019 Arising Out of PS. Case No.-564 Year-2017 Thana- SUPAUL District- Supaul ====================================================== 1.

Anil Kumar Yadav Son of Kamleshwari Prasad Yadav Resident of VillageRaghopur, Panchayat Bero, P.S. and District-Supaul. 2.

Sanjeet Kumar Yadav Son of Kamleshwari Prasad Yadav Resident of Village-Raghopur, Panchayat Bero, P.S. and District-Supaul. 3.

Parveen Kumar Yadav Son of Kamleshwari Prasad Yadav Resident of Village-Raghopur, Panchayat Bero, P.S. and District-Supaul. 4.

Kamleshwari Prasad Yadav Son of Late Chandelal Prasad Yadav Resident of Village-Raghopur, Panchayat Bero, P.S. and District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Supaul P.S. Case No. 564 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

The accusation is that in course of returning of Praveen Kumar Yadav, son of the informant, Nirmala Devi at the house, five persons named in the F.I.R. including the petitioners along with 5 to 7 unknown variously armed with

Patna High Court CR. MISC. No.62318 of 2019(2) dt.16-10-2019 2/3 weapons stopped him and Kamleshwari Prasad Yadav (petitioner no.4) made complaint about grazing his filed saying that why moving this way. In the meantime, Anil Kumar Yadav (petitioner no.1) caused injury to his son through butt of gun and Prveen Kumar Yadav (petitioner no. 3) gave farsa blow causing injury at the head of his son. At that time, Sanjeet Kumar Yadav (petitioner no. 2) and Kamleshwari Prasad Yadav (petitioner no.

4) also gave lathi blow at the head of his son. Learned counsel for the petitioners submits that in fact, due to grazing the filed of the petitioner, occurrence took place. Further submission is that four injuries were found on the person of Praveen Kumar Yadav, son of the informant, but out of four injuries, two injuries are simple in nature whereas opinion kept reserved regarding rest two injuries and the police, after investigation, submitted the charge sheet under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code. Further submission is that petitioners have no criminal antecedent.

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 six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.62318 of 2019(2) dt.16-10-2019 3/3 of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 564 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T