Hari Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.2449 of 2017 (2) dt.01-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2449 of 2017 Arising Out of PS.Case No. -126 Year- 2015 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Hari Yadav, Son of Late Lakhan Yadav.

2. Suraj Yadav, Son of Ram Saran Yadav.

3. Abharan Yadav, Son of Suraj Yadav, All resident of Village Bela Daura, P.S. Babubarhi, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Soban Asghar, Advocate. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Babubarhi P.S. Case No. 126 of 2015 registered under Sections 143, 341, 323, 448, 337, 307, 379 and 504/34 of the Indian Penal Code.

The accusation is that nine persons named in the F.I.R. including the petitioners came at the door of the informant armed with Farsa, iron rod, lathi and brick and started to assault and abuse to the informant. At that time, petitioner no. 1, Hari Yadav, gave Farsa blow at the head and left thumb of informant, Ram Bilakshan Yadav and others caused injury through lathi and iron rod to him. Suraj Yadav, Petitioner No. 2, caused injury through

Patna High Court Cr.Misc. No.2449 of 2017 (2) dt.01-03-2017 Farsa at the hand of Shiv Narayan Yadav whereas Abharam Yadav, petitioner no. 3, also caused injury at the head of father of the informant through iron rod.

Learned counsel for the petitioners submits that occurrence took place due to old land dispute, in which, petitioners' side also sustained injury, regarding which, Babubarhi P.S. Case No. 124 of 2015 is also instituted on the basis of written report of Suraj Yadav, petitioner no. 2. Moreover, the injuries as found on the person of informant, Shiv Narayan Yadav and father of the informant are simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Additional Chief Judicial Magistrate-II, Madhubani, in connection with Babubarhi 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) Bhardwaj/- U T