Lakhan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79731 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Lakhan Yadav, Son of Late Ahlu Yadav 2.

Naresh Yadav@ Naresh Son of Lakhan Yadav Both residents of VillageAlkhpura, P.S.- Gidhaur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sourendra Pandey For the Opposite Party/s :

Mr.Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Laxmipur (Gidhaur) P.S. Case no. 229 of 2018, registered under Sections 147, 148, 149, 323, 307, 379, 354(B) and 504 of the Indian Penal Code.

The accusation is that ten persons named in the F.I.R., including the petitioners, variously armed with weapons came at the door of informant Kailash Yadav and started to abuse. At that time, on the order of Keso Yadav, petitioner No.1 Lakhan Yadav gave sword blow at the forehead of the informant causing blood oozing injury, when Latru Yadav, brother of the informant, rushed in rescue then petitioner No.2 Naresh Yadav caused injury through Farsa at his forehead, when Nuneshwar Yadav, cousin brother of the informant, and his wife Rekha Devi

Patna High Court CR. MISC. No.79731 of 2018(4) dt.02-05-2019 2/2 rushed there, then Vikash Yadav and Mithun Yadav with intention molestation torn the balause of Rekha Devi and laid her on the ground. At that time, all the accused entered into the house of informant and looted cash and ornaments. Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to land dispute in which petitioners also sustained injury regarding which Laxmipur (Gidhaur) P.S. Case No. 230 of 2018, under Section 147, 148, 149, 323, 504, 379 and 506 of the Indian Penal Code. Moreover, the injuries as found on the person of informant and others 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 J.M. First Class, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 229 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U