Pappu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43766 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== 1.
Pappu Yadav, 2.
Siya Sharan Yadav, 3.
Sachit Yadav, All Sons of Sidheshwar Yadav, 4.
Karu Yadav, S/o Late Surendra Yadav, 5.
Nitesh Yadav, S/o Pappu Yadav, 6.
Pintu Yadav, 7.
Azad Yadav, Both Sons of Late Sachin Yadav, All R/o Vill.- Budhgariya, P.S.- Wazirganj, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Prasad Sinha, Adv.
For the Opposite Party/s :
Mr. S. Ehteshamuddin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 448, 323, 324, 380, 379, 504, 307 and 506/34 of the IPC.
The prosecution case, as per the fardbayan of Mithlesh Yadav, recorded by ASI Pradeep Chaudhari of Magadh Medical P. S. Gaya dated 16.01.2018 at 04.00 P. M. in A.N.M.M.C.H., Gaya is to the effect that on 14.01.2018 at 07.30 P.M. the informant was fixing electricity connection from an electricity pole, then seven eight accused persons including the petitioner came and made protest as to why the informant is disconnecting the electric connection of the houses of the accused persons, whereupon, on the order of the petitioner no.6, Pintu Yadav, all
Patna High Court Cr.Misc. No.43766 of 2018(2) dt.24-07-2018 2/3 the accused persons started assaulting the informant. Consequently, in order to save himself, the informant entered into his house, thereafter, the accused persons entered into the house of the informant whereupon petitioner no.6, Pintu Yadav, assaulted with Garansa to the father of the informant, Ramashish Yadav, assaulting the father of the iniformant causing injury on the right hand palm and when the mother of the informant, Lal Keshri Devi came to rescue him, she was also assaulted by the accused persons. It is further alleged that petitioner no.6, Pintu Yadav, snatched a jwellery of the informant's mother. On arrival of nearby people the accused persons escaped from the scene. It appears that the injury of parents of the informant has been found to be grievous.
It is submitted by the learned counsel for the petitioner that except petitioner no.6, Pintu Yadav, who is alleged to have caused grievous injury to the father of the informant, the allegation against all the petitioners is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that all the petitioners are named in the FIR.
Considering the fact that the accusation is specific against the petitioner no.6, Pintu Yadav, to have caused grievous
Patna High Court Cr.Misc. No.43766 of 2018(2) dt.24-07-2018 3/3 injury to the father of the informant, this Court is not inclined to grant anticipatory bail to him.
Accordingly the prayer for bail of petitioner no.6, Pintu Yadav is rejected.
Let the learned Court below consider the prayer for regular bail of petitioner no.6, if he surrenders within a period of six weeks.
So far as other petitioners are concerned, considering the discussion made above, let above named petitioners except petitioner no.6, Pintu Yadav be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-1st , Gaya, in connection with Wazirganj P. S. Case No. 20 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T