Gopal Yadav @ Gopal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58763 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- PIPRIYA District- Lakhisarai ====================================================== 1.
Gopal Yadav @ Gopal Kumar Son of Visho Yadav 2.
Rahul Yadav @ Rahul Kumar Son of Visho Yadav 3.
Lalo Yadav @ Lalan Kumar Son of Visho Yadav 4.
Visho Yadav Son of Gadho Yadav All are residents of Village - Murwariya, P.S.- Pipariya, Dist.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.
The petitioners apprehend their arrest in connection with Pipariya P.S. Case No. 49 of 2018, registered under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code.
The allegation against the petitioners is that the petitioners along with other accused persons assaulted the son of the informant by means of lathi, danta, etc.
Learned counsel for the petitioners submits that both the parties are co-villagers and there was a dispute relating to the sale of milk between the parties. He further submits that
Patna High Court CR. MISC. No.58763 of 2019(2) dt.18-09-2019 2/3 there is case and counter case inasmuch as wife of petitioner no.1 has also lodged FIR bearing Pipariya P.S. Case No. 50 of 2018 against the informant and others, in which petitioner no.1 and others have also received injury.
Learned counsel for the petitioner referring to annexure-3 i.e. injury report of the son of the informant submits that he was referred to PMCH, but from the perusal of impugned order it appears that he did not go to the PMCH and got injuries treated at private hospital, Begusarai. After having heard learned counsel for the parties and taking into consideration the fact that both the parties are co-villagers, there is case and counter case and petitioner no.1 and others also received injuries, 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 bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - Ist Class, Lakhisarai in connection with Pipariya P.S. Case No. 49 of 2018; subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.58763 of 2019(2) dt.18-09-2019 3/3 of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Katyayan/- U T