Manoj Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66073 of 2018 Arising Out of PS. Case No.-614 Year-2017 Thana- RAJAON District- Banka ======================================================
1. Manoj Yadav
2. Raja Yadav @ Raj Kumar Yadav, both are sons of Ajay Yadav
3. Jully Devi @ Veena Devi wife of Manoj Yadav
4. Jhuma Devi wife of Ajay Yadav, all are residents of village Sujal Korama, P.S. Rajoun, District Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioner assaulted the informant and his wife with lathi, garasa, due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the
Patna High Court Cr.Misc. No.66073 of 2018(2) dt.01-11-2018 2/2 present case. It is a case and counter case between the parties. Free fight is said to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate. Injuries on the side of the accused persons have not been disclosed by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Rajoun P.S. case No.614 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T