Upendra Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40377 of 2018 Arising Out of PS.Case No. -2040 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) =====================================

1. Upendra Yadav, Son of Late Gagandeo Yadav,

2. Harendra Yadav, Son of Late Gagandeo Yadav,

3. Shree Yadav, Son of Late Gagandeo Yadav, All are resident of Village- Srinagar Pujahan, P.S.- Srinagar, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Surendra Mahto, S/o Saryug Mahto, R/o Village- Pujha Patzir, Patzirwa, P.S.- Srinagar, Distt- West Champaran. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-07-2018 Heard the learned counsel for the petitioners, complainant and the State.

The petitioners seek bail in connection with Complaint Case No. 2040(C) of 2012 in which cognizance has been taken under Sections 307, 504, 506/149 of the Indian Penal Code.

The petitioner No. 1 is said to have opened fire leading to two simple injuries on the person of the complainant. The petitioner Nos. 2 and 3 are said to be the members of the mob.

The learned counsel for the petitioners has drawn the attention of this Court to the fact that the complaint petition

Patna High Court Cr.Misc. No.40377 of 2018 (2) dt.11-07-2018 2/2 itself reflects that there was a dispute with respect to the possession of a shop. In the occurrence which had taken place, many persons from the side of the accused have also received injuries. The reason for falsely implicating the petitioners is that prior to this case, another case was instituted at the behest of the family members of the petitioners against the complainant and others for the murder of one Gagandeo Yadav. In the aforesaid case, the complainant of the present case was an accused. In the aforesaid case, even petitioner No. 1 was fired at and was seriously injured.

The petitioners do not have any criminal antecedent and they are in custody since 17.04.2018.

Regard being had to the aforesaid facts, the petitioners above named, 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 satisfaction of learned Additional District & Sessions Judge-Icum-Special Judge, Bettiah, West Champaran in connection with Complaint Case No. 2040(C) of 2012, Trial No. 2880 of 2018.

(Ashutosh Kumar, J) Shageer/- U T