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Patna High CourtCR. MISC./51801/2015allowed

Manoj Yadav @ Manoj Singh And ORS v. The State Of Bihar

2016-02-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51801 of 2015 ======================================================

1. Manoj Yadav @ Manoj Singh, Son of Lallan Yadav,

2. Lalan Yadav, Son of Ram Swaroop Singh Yadav

3. Baban Yadav, Son of Ram Swaroop Singh Yadav

4. Heera Yadav, Son of Shivnath Singh Yadav, All resident of Village- Darwa P.S.- Bhabua, District- Kaimur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-02-2016 Petitioners apprehend their arrest in a case instituted under section 307 and other allied sections of the Indian Penal Code on the allegation that petitioner Manoj Yadav fired three shots from his country made pistol, whereas all the petitioners assaulted the informant, her daughter and son with Lathi. Petitioner Babban Yadav is said to have dragged informant's daughter by catching her hairs.

Petitioners submit that the injury reports of the prosecution side do not show any sign of visible injury. Copy of the same is contained in Annexure 2 series. Further, no case under section 354 of the Indian Penal Code is made out, much less under section 307 of the Indian Penal Code. In the facts of the case, in case of surrender, let all the four petitioners named above, be released on bail on furnishing

Patna High Court Cr.Misc. No.51801 of 2015 (3) dt.04-02-2016 2/2 bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in Bhabua Police station Case No. 514 of 2015.

The petitioners would not physically absent for two consecutive dates at a stretch, till two witnesses are examined in the trial. They would report to the concerned police station once every six months and file an affidavit in the court below to this effect.

Shashi.

(Samarendra Pratap Singh, J) U T