Santu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50208 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Santu Yadav

2. Mantu Yadav

3. Sanjeev Yadav

4. Chhotu Yadav, All are Sons of Brahmdeo Yadav resident of village - Maniyarpur, P.S. Madhusudanpur, District - Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nathnagar (Madhusudanpur) P.S. Case No. 126 of 2015 registered under Sections 147, 148, 149, 323, 341, 327, 307, 354(B), 504, 506 and 448 of the Indian Penal Code. The accusation is that petitioner and four others named in the F.I.R. along with 4-5 unknown armed with weapons entered in the house of the informant and started to assault and abuse. When the informant made protest then the petitioner Santu Yadav gave injury at the head of the informant, whereas Mantu Yadav caused injury through butt of the pistol on the head of niece of the informant Mithun Yadav, when the ladies of the house tried

Patna High Court Cr.Misc. No.50208 of 2015 (3) dt.07-12-2015 2/2 to pacify the matter then the petitioners assaulted her wife badly. Learned counsel appearing on behalf of the petitioners submits that in fact, hot talk were exchanged due to damaging of bamboo clamps by the buffalo of the informant but due to ulterior motive, the informant lodged this false case with false allegation. It is also submitted that injuries as found on the persons namely, Mithun Yadav and Siyaram Yadav were simple in nature.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 126 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T