Sudama Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25470 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -BRAHMPUR District- BUXAR ======================================================
1. Sudama Yadav,
2. Sanjeet Yadav @ Dhanjeet Yadav Both Sons of Hridaya Yadav, R/o Vill.- Kant, P.S.- Brahmpur, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 Heard the learned counsels for the parties.
The petitioners seek bail in anticipation of their arrest in connection with Brahmpur P.S. Case No. 21/2018 dated 18.01.2018 instituted for the offences under Sections 341, 323, 324, 307, 379 and 506/34 of the Indian Penal Code. The petitioners were spotted by the informant taking away the pipe of the Boring. On protest, the petitioners are said to have run away. However later, the petitioners are alleged to have assaulted the informant by means of a knife for the informant having acted in a smart manner in a Barat.
Learned counsel for the petitioners has submitted that they are the agnates of the informant and because of some other dispute, the present F.I.R. has been lodged. Had it been a case of
Patna High Court Cr.Misc. No.25470 of 2018 (2) dt.03-05-2018 2/2 theft or assault, the tenor of the F.I.R. would have been different. The injuries suffered by the informant are also stated to be simple in nature.
Taking into account the aforesaid facts and also the clean antecedent of the petitioners, they are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 21/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J.) Rakhi U T