Pradeep Yadav @ Pradeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66117 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
Pradeep Yadav @ Pradeep Kumar, Male, aged about 24 years, son of Krishna Yadav 2.
Nardeep Yadav @ Nardeep Kumar @ Navdeep Kumar, male, aged about 19 years, Son of Krishna Yadav 3.
Kuldeep Yadav @ Kuldeep Kumar, male, aged about 18 years, Son of Krishna Yadav 4.
Bhoolan Yadav @ Jhoolan Yadav, male, aged about 24 years, Son of Laxaman Yadav All resident of Village-Jigna Ahir Toli, P.S.-Mirganj, District-Gopalganj. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Akhilesh Kumar, Advocate For the Opposite Party :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2019 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code registered in connection with Mirganj P.S. Case No. 169 of 2019.
The prosecution case is that on the alleged date and time of occurrence, petitioner nos. 1 to 3 were keeping bricks in the purchased land of the informant and when he made protest of it, an altercation took place. In the meantime, accused Krishna Yadav, Jhoolan Yadav petitioner no. 4 and co-accused Laxman Yadav having armed with Lathi, Bhala and Farsa came there and started assaulting the informant with Lathi and Bhala due to which he sustained injury
Patna High Court CR. MISC. No.66117 of 2019(2) dt.14-11-2019 2/2 in his legs and fell down on the ground and co-accused Krishna Yadav inflicted Farsa blow on his head due to which he sustained head injury. Thereafter, villagers brought him to Hathua Hospital for treatment.
Learned counsel for the petitioners submits that there is no specific allegation of any overt act against the petitioners and specific allegation of assault on the head of the informant with Farsa is against co-accused Krishna Yadav. Learned counsel submits that the petitioners have no criminal antecedents.
In the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 169 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) BT/- U T