Parmeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61999 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- LAUKARIA District- West Champaran ====================================================== 1.

Parmeshwar Yadav, Son of Late Manohar Yadav Resident of VillageMohana, P.S-Laukariya, District-West Champaran. 2.

Mahesh Yadav @ Mahesh Mahto Son of Late Lalehan Mahto Resident of Village-Mohana, P.S-Laukariya, District-West Champaran. 3.

Harendra Mahto Son of Late Lalehan Mahto Resident of Village-Mohana, P.S-Laukariya, District-West Champaran.

4.

Rajesh Mahto @ Rajesh Kumar Son of Kumbhi Mahto Resident of VillageMohana, P.S-Laukariya, District-West Champaran. 5.

Harihar Mahto Son of Late Sita Ram mahto Resident of Village-Mohana, P.S-Laukariya, District-West Champaran.

6.

Heera Mahto Son of Late Sita Ram mahto Resident of Village-Mohana, P.SLaukariya, District-West Champaran. 7.

Kumbhi Mahto Son of Late Jangali Mahto Resident of Village-Mohana, P.SLaukariya, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Laukariya P.S. Case No.60 of 2019, for the offence punishable under Sections 147, 149, 307, 323, 341, 379, 447, 504, 506 of the Indian Penal Code.

The allegation against the petitioners is that

Patna High Court CR. MISC. No.61999 of 2019(2) dt.16-10-2019 2/3 petitioners along with other accused persons entered into the door of the informant and assaulted the informant and other family members by means of lathi, danda, iron rod, etc. Learned counsel for the petitioners submits that both the parties are agnates and there is case and counter case between them inasmuch as Laukariya P.S. Case No.59 of 2019 was lodged by the petitioner No.2 against the informant and nine others. Learned counsel referring to Annexure-3 submits that injuries caused to the victim have been found to be simple in nature except injury no.2 of the informant which is on nonvital part of the body. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are agnates and there is case and counter case and the case lodged by petitioner No.2 is prior in time to the case lodged by the informant and the injuries caused to the victim have been found to be simple in nature, I am inclined to grant anticipatory bail to all these petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court

Patna High Court CR. MISC. No.61999 of 2019(2) dt.16-10-2019 3/3 below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two each sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Bagaha, West Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T