Daso Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42499 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- JAMUI District- Jamui ======================================================
1. Daso Yadav, Son of Jhari Yadav
2. Sanjay Yadav Son of Indar Yadav@ Indradeo Yadav Both are Resident of Village Kalyanpur, P.S. and District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jamui (Adarsh) P.S. Case no. 114 of 2018, registered under Sections 147, 148, 149, 323, 324, 307, 379 and 504 of the Indian Penal Code.
The accusation is that in the evening of 03.03.2018 both the petitioners along with Sunil Yadav, Vikash Yadav and Budhan Yadav having armed with Khanti, Sword and iron rod came near the house of Shant Singh and started to abuse thereupon informant Arbind Kumar Singh along with Gaurav Singh and Munnu Singh reached there and tried to convince them on which Sunil Yadav ordered to kill in abusing
Patna High Court Cr.Misc. No.42499 of 2018(2) dt.19-07-2018 2/3 language. Thereafter, Vikash Yadav gave Khanti blow at the head of informant, when Gaurav Shekhar reached to save the informant then Sunil Yadav caused injury through sword at head and Budhan Yadav gave iron rod blow at the head of Munnu Singh, thereupon, both the petitioners assaulted, indiscriminately, to Munnu Singh.
Learned counsel for the petitioners submits that it would appear from the written report that Munnu Singh was assaulted through iron rod by Budhan Yadav and thereupon both the petitioners indiscriminately caused assault to Munnu Singh, but only one injury was found on the head of Munnu Singh, which is said to be caused by Budhan Yadav. Further submission is that, in fact, both the petitioners are family members of Sunil Yadav and others due to that reasons, both the petitioners have also been implicated in this case with false allegation.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.42499 of 2018(2) dt.19-07-2018 3/3 Jamui in connection with Jamui (Adarah) P.S. Case No. 114 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T