Bachchan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59646 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- BALIYA District- Begusarai ====================================================== 1.

BACHCHAN YADAV Son of Ram Autar Yadav @ Ramotar Yadav, Resident of Village - Bhagatpur, P.S.- Balia, Dist.- Begusarai. 2.

Rajesh Yadav Son of Bachchan Yadav, Resident of Village - Bhagatpur, P.S.- Balia, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-09-2019 Heard both sides.

Petitioners apprehend their arrest in Balia P.S. Case No.186 of 2019 registered under Sections 326, 307 and 34 of the Indian Penal Code.

The informant alleged that he went to the house of Rameshwar Yadav to demand his money. Rameshwar Yadav, Ghaulu Yadav, Bilo Yadav, Bachchan Yadav and Rajesh Yadav abused and assaulted him. It is further alleged that on the order of Rajesh Yadav (petitioner no.2), Rameshwar Yadav fired which hit on the thigh of the informant.

Learned counsel for the petitioners submits that the petitioners are next door neighbours of the informant. There is

Patna High Court CR. MISC. No.59646 of 2019(2) dt.25-09-2019 2/2 no allegation of firing against petitioner no.1. Petitioner no.2 is the son of petitioner no.1, but petitioner no.2 is made accused alleging that on his order, Rameshwar Yadav fired but no allegation of assault is made against him.

Having considered the facts that it was Rameshwar Yadav, who fired and there is no allegation of assault against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Balia P.S. Case No.186 of 2019 corresponding to G.R. No.1722 of 2019 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T