Sikandar Yadav @ Sikendar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62007 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- KATORIYA District- Banka ====================================================== 1.
SIKANDAR YADAV @ SIKENDAR YADAV Son of late Naresh Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka. 2.
Shiban Yadav @ Shibam Kumar Son of Late Naresh Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka. 3.
Chatargun Yadav Son of Late Gulabi Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
4.
Braham Deo Yadav Son of late Gulabi Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
5.
Rajesh Yadav Son of Chatargun Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
6.
Bhikari Yadav @ Bhikhari Yadav Son of Late Thakur Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka. 7.
Gultan Yadav Son of Late Thakur Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
8.
Ranjit Yadav @ Ranjit Kumar Son of Late Kaila Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
9.
Anil Yadav @ Anil Kumar Son of Samar Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
10.
Bhola Yadav @ Bhola Kumar Son of Vidya Nand Yadav Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
11.
Rahul Turi Son of Triveni Turi Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
12.
Sonu Turi @ Sanni Turi Son of Triveni Turi Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
13.
Raja Turi @ Raj Kumar Turi Son of Triveni Turi Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
14.
Rajeev Turi Son of Triveni Turi Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
15.
Pawan Yadav @ Pawan Kumar Son of Braham Deo Resident of Village - Tindova, P.S.- Katoria, Distt - Banka.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Akhileshwar Dayal ======================================================
Patna High Court CR. MISC. No.62007 of 2019(2) dt.17-10-2019 2/3 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned A.P.P. representing the State.
The petitioners apprehend their arrest in connection with Katoria P.S. Case No. 69 of 2019, registered under Sections 341, 323, 504, 506, 307, 147, 148, 149, 379, 427, 435 of the Indian Penal Code.
The allegation against the petitioners as per first information report is that petitioners along with other accused persons assaulted the informant and others by means of lathi, danda, etc.
Mr. Ranjan Kumar Jha, counsel appearing for the petitioners submits that altogether 17 persons have been made accused in this case. Allegation against them are general and omnibus. Learned counsel for the petitioners further submits that there is case and counter case inasmuch as Katoria P.S. Case No. 73 of 2019 has been filed by the side of the petitioners in which petitioner No. 1 was also injured and got grievous injuries as would be evident from Annexure-4. Learned counsel for the petitioners further submits that injury caused by the victims are simple in nature and both parties belong to the same village.
Patna High Court CR. MISC. No.62007 of 2019(2) dt.17-10-2019 3/3 After having heard learned counsel for the parties and taking into consideration the fact that both the parties are covillager and there is case and counter case between the parties and the injuries caused by the victims are simple in nature, I am inclined to grant anticipatory bail to the petitioners. This application is, accordingly, allowed.
Let the petitioners, abovenamed, in the event of arrest or surrender before the Court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 69 of 2019; subject to the condition as laid down hereinabove and under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) T.Kr./- U T