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Patna High CourtCR. MISC./18635/2017bail granted

Sanjay Kumar Yadav @ Sanjay Yadav And ORS v. The State Of Bihar

2017-06-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18635 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Sanjay Kumar Yadav @ Sanjay Yadav, Son of Ramli Yadav, resident of Village Jhajha, Police Station Kishanpur, District Supaul

2. Chun Chun Kumar Yadav @ Chun Chun Yadav, Son of Devani Yadav

3. Amod Yadav, Son of Ratan Yadav, both are resident of Village - Chandpiper, Tola Kusaha, Police Station Kishanpur, District Supaul .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 380, 504 and 506 of the Indian Penal Code.

According to FIR, petitioner no. 3 Amod Yadav caused injury with Dabia (a sharp cutting weapon) at the leg of Durganand Mandal. Petitioner no. 2 Chun Chun Kumar Yadav caused injury with farsa at the head of Durganand Mandal and petitioner no. 1 Sanjay Kumar Yadav caused injury at the head of America Devi.

Patna High Court Cr.Misc. No.18635 of 2017 (3) dt.22-06-2017 2/2 The Doctor has found a simple lacerated injury on the forehead of Durganand besides other injuries on non-vital part of the body, simple in nature. The Doctor further found swelling on the forearm and posterior part of the neck of America Devi. On the aforesaid basis, submission of learned counsel for the petitioners is that prosecution allegation is not consistent with the medical report. There is case and counter case. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/successor Court in connection with Kishanpur Police Station Case No. 254 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.