Durgi Yadav @ Durgo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42779 of 2015 Arising Out of PS.Case No. -245 Year- 2014 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Durgi Yadav @ Durgo Yadav.

2. Upendra Yadav.

Both sons of Late Chander Yadav.

3. Jitendra Kumar @ Jitendra Yadav.

4. Harindra Yadav @ Harendra Kumar.

Both sons of Upendra Yadav.

5. Chhote Lal Yadav.

6. Gohal Yadav.

Both sons of Late Jugal Yadav

7. Heera Lal Yadav.

8. Manohar Yadav .

Both sons of Deep Narayan Yadav.

9. Bijay Kumar, Son of Durgi Yadav.

All residents of Village - Basatpur, P.S. - Bakhtiyarpur, District - Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 14-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bakhtiyarpur (Balbahat O.P.) P.S. Case No.245 of 2014 registered under Sections 147, 148, 149, 323, 324, 307 and 379 of the Indian Penal Code. The allegation of the informant is that in course of cutting the ridge at his filed by the petitioners when he reached there and made protest, the

Patna High Court Cr.Misc. No.42779 of 2015 (2) dt.14-10-2015 2/2 petitioners started to abuse him and at that time petitioner nos. 1 and 2 through Kudali, petitioner no.3 through Lathi, petitioner no.4 through Farsa, petitioner no.6 through three nut and other accused persons through caused injury to him and petitioner nos.1 and 2 also snatched Rs.80000/- from him and, thereafter, all of them fled away. Learned counsel appearing on behalf of the petitioners submits that, in fact, the occurrence took place due to cutting of the ridge at the filed of the informant in which the petitioner no.2 also sustained injury regarding which Bakhtiyarpur(Balbahat O.P.) P.S. Case No.247 of 2014 was also instituted on the basis of the written report of the petitioner no.2 against the informant. It is also submitted that the prayer of the petitioners for grant of anticipatory bail has been rejected by the court of Sessions Judge, Saharsa, on 20.06.2015 vide A.B.P. No.485 of 2015 on perusing of the case diary having no injury report.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Bakhtiyarpur P.S. Case No.245 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T