Sahdeo Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72730 of 2018 Arising Out of PS. Case No.-426 Year-2018 Thana- SHERGHATI District- Gaya ======================================================

1. Sahdeo Yadav, Son of Meghan Yadav,

2. Dinesh Yadav, Son of Meghan Yadav, Both resident of Village- Mohandih, P.S.- Dobhi, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Sherghati (Dobhi) P.S. Case No. 426 of 2018 dated 26.07.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 448, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners are alleged to have assaulted the informant and others. One Munarik Yadav, who is a person of criminal antecedents is stated to have fired from his weapon leading to three gun shot injuries on the chest of one Vikash Kumar. The motive assigned in the F.I.R is that the informant and other injured persons always passed

Patna High Court Cr.Misc. No.72730 of 2018(3) dt.11-01-2019 2/3 information to the Police that Munarik Yadav was unauthorizedly and illegally selling liquor from his house. The occurrence is said to have taken place because of such suspicion on the informant and others.

The learned counsel for the petitioners has submitted that petitioners have been made accused only because they happen to be the brothers of aforesaid Munarik Yadav. The petitioners are persons of clean antecedents and though they are said to have assaulted the other injured persons but the nature of injuries suffered by those persons do not appear to be grievous or on any vital portion of their bodies. The cases of the petitioners are absolutely different from the case of co-accused Munarik Yadav who is alleged to have given gun shot injury to Vikash Kumar.

Regard being had to the aforesaid facts, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousands) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.72730 of 2018(3) dt.11-01-2019 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 426 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T