Sakal Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60739 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Sakal Yadav, Son of Late Mukhi Yadav,

2. Ram Uday Yadav, Son of Ramdhyan Yadav,

3. Mahendra Prasad, Son of Ramdhyan Yadav,

4. Deepak Yadav, Son of Mahendra Yadav,

5. Niranjan Kumar @ Niranjan Yadav, Son of Butal Yadav,

6. Ram Janam Yadav, Son of Late Vilash Yadav, All residents of VillageDhav Kakariya, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Makhdumpur P.S.Case No. 202 of 2017 registered under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that except Ram Uday Yadav there is no allegation that the other petitioners assaulted the father of the informant, who had sustained grievous injuries. He contended that so far as Ram Uday Yadav is concerned, he is said to have assaulted on his back but the doctor did not find any injury on his back. On the other hand, learned counsel for the State submitted that co-accused Ganesh Yadav and Butai Yadav

Patna High Court Cr.Misc. No.60739 of 2017 (2) dt.21-12-2017 2/2 assaulted with lathi on the head of father of the informant, namely, Suresh Yadav and Ram Uday Yadav assaulted him on his back. He submitted that so far as other petitioners are concerned, they are said to have assaulted others but there is no injury report on record.

Having regard to the submissions made above, the petitioner nos. 1 and 3 to 6, namely, Sakal Yadav, Mahendra Prasad, Deepak Yadav, Niranjan Kumar @ Niranjan Yadav and Ram Janam Yadav, in the event of their arrest or surrender before the court below within four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S.Case No. 202 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as petitioner no.2 Ram Uday Yadav is concerned, his application for grant of pre-arrest bail is rejected. He is directed to surrender and seek regular bail.

(Ashwani Kumar Singh, J) Pradeep/- U T