Indradeo Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59820 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Indradeo Yadav, S/o Late Bhaijee Yadav,

2. Ashok Yadav, S/o Ramdeo Yadav,

3. Raushan Yadav, S/o Indradeo Yadav,

4. Amit Yadav @ Anit Kumar Yadav @ Anit Yadav, S/o Kailash Yadav,

5. Santosh Yadav, S/o Ramdeo Yadav, All are Residents of Vill.- Dudhiya, P.S.- Kamtaul, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-09-2018 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506, 379 and 427 of the Indian Penal Code.

The prosecution case as per the written report of Bipin Yadav dated 21.05.2018 submitted to the Station House Officer, Kamtaul P.S., to the effect that on 18.05.2018 at 7.00 A.M. the informant along with his friend Pappu Yadav was going to Kamtaul by bullet motorcycle, in the meantime, co-

Patna High Court Cr.Misc. No.59820 of 2018 (2) dt.28-09-2018 2/3 villagers Kailash Yadav and Jaimol Yadav surrounded them and assaulted them and threatened. At 6.30 P.M. when the informant was returning to his village, the accused persons assaulted him.

It is submitted by learned counsel for the petitioners that the specific accusation of assault is not levelled against the petitioners and the accusation has been levelled due to previous enmity. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned counsel for the informant that there is specific accusation of assault against the petitioners and injury has been caused to the informant. It appears from the injury report that except one injury, other injuries have been found to be simple in nature. Considering the accusation being omnibus and general and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or 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 the like

Patna High Court Cr.Misc. No.59820 of 2018 (2) dt.28-09-2018 3/3 amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Darbhanga in connection with Kamtaul P.S. Case No. 127 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T