Patna High CourtCR. MISC./25018/2016bail granted

Darwan Yadav And ANR v. The State Of Bihar

2016-06-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25018 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Darwan Yadav

2. Musafir Yadav Both Sons of Kailash Yadav resident of village Juafar Bazar, P.S. and District - Nalanda .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Anuj Kr. Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 341, 323, 504, 506, 307, 379/34 of the Indian Penal Code.

The prosecution case is that in the background of land dispute the accused persons started abusing the informant. On protest, the accused persons assaulted the informant causing injury above his left eye. When the mother and wife of the informant came to rescue, the petitioners alongwith other co-accused persons also assaulted them causing injury to them and they took away gold chain from the wife of the informant.

The impugned order reflects that only the mother of the informant has received superficial injuries. A statement has been

Patna High Court Cr.Misc. No.25018 of 2016 (2) dt.20-06-2016 made in paragraph no.3 of the petition that the petitioners have no criminal antecedent. Moreover, it is submitted by the learned counsel for the petitioners that the allegation is omnibus and general in nature.

Considering the accusation alleged against the petitioners being omnibus and general in nature and the delay in lodging of the case, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda in Nalanda P.S.Case No. 41/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Surendra/- U