Basant Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59670 of 2018 Arising Out of PS. Case No.-198 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ======================================================
1. Basant Yadav, S/o-Nanhu Yadav,
2. Bittu Rai, S/o-Buchchi Rai @ Bachchi Rai.
Both R/o Vill.- Balirampur, P.S.- Buxar (Muffasil), DistrictBuxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Adv.
For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 325, 307 and 379 of the IPC.
The allegation, as per the FIR, against the petitioners and others is to have assaulted the brother of the informant, Akshay Lal Yadav and when he became unconscious, the accused persons escaped from the scene. It is also alleged that accused persons snatched Rs. 30,000/- from the pocket of the brother of the informant.
Learned counsel for the petitioners submits that actually the brother of the informant fell down from the motorcycle, as a result, he received simple injury and due to previous
Patna High Court Cr.Misc. No.59670 of 2018(2) dt.28-09-2018 2/3 enmity, the petitioners have been roped in the present case. Moreover, the brother of the informant received seven injuries, but all the injuries have been found to be simple in nature. For the occurrence of 08.07.2018 at 9 PM, the written statement was submitted on 09.07.2018, when the FIR was registered on the same day at 11 AM. A statement has been made in paragraph no.3 of the petition that petitioner no.1 is involved in one other case whereas petitioner no.2 is not having any criminal antecedent.
Learned counsel for the informant submits that the brother of the informant received altogether seven injuries, but he does not controvert this fact that all the injuries have been found to be simple in nature.
Considering the fact that the injuries of the brother of the informant have been found to be simple in nature and delayed lodging of the FIR, let the above named petitioners 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 Chief Judicial Magistrate, Buxar, in connection with Buxar (Mufassil) P.S. Case No. 198 of 2018,
Patna High Court Cr.Misc. No.59670 of 2018(2) dt.28-09-2018 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/Deepak/- U T