Awdhesh Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11444 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11444 of 2018 Arising Out of PS.Case No. -169 Year- 2017 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Awdhesh Yadav, Son of Jageshwar Yadav

2. Vikash Yadav, Son of Late Chandeshwari Yadav

3. Salo Yadav @ Salegram Yadav Son of Late Faudari Yadav.

4. Tuphani Kumar @ Tuphani Yadav, Son of Binin Kumar. All are Resident of Village-Arsandih, P.S.-Bihpur, District-Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioners apprehend their arrest in Bihpur P.S. Case No.169 of 2017 registered under Sections 448, 341, 323, 324, 307, 379 and 34 of the Indian Penal Code. Amar Mahto, the informant alleged that his nephew, Chandrashekhar Kumar went along with a girl and return in the evening. For such, the family members of the girl namely Subhash Yadav and 7 others including the petitioners assaulted the informant causing injury on his head.

The learned counsel for the petitioners submits that there is a counter version being Bihpur P.S. Case No.170 of 2017. Some altercation took place because minor daughter of the family

Patna High Court Cr.Misc. No.11444 of 2018 (2) dt.27-02-2018 of the petitioners was enticed away by the nephew of the informant. The informant got superficial injury on his head. Similarly situated co-accused namely Subhash Yadav, Rupesh Yadav, Bhupesh Yadav and Sumit Yadav have already been granted anticipatory bail vide order dated 02.02.2018 passed in Cr. Misc. No.6490 of 2018. The case of the petitioner stands on the same footing. No specific allegation of assault is made against the petitioners.

Considering the facts aforesaid and the fact that similarly situated co-accused persons have already been granted anticipatory bail, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachiya, Bhagalpur in connection with Bihpur P.S. Case No.169 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T