Patna High CourtCR. MISC./77250/2018bail granted

Sudho Yadav And ORS v. The State Of Bihar

2018-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77250 of 2018 Arising Out of PS. Case No.-509 Year-2018 Thana- BANKA District- Banka ======================================================

1. Sudho Yadav, S/o Late Kesho Yadav,

2. Badri Yadav, S/o Sudho Yadav,

3. Bisho Yadav, S/o Sudho Yadav,

4. Riko Yadav, S/o Sudho Yadav.

5. Shibu Yadav, Son of Sudho Yadav,

6. Julee Devi, Wife of Badri Yadav, All resident of Village- Kateli, P.S.- Banka, Distt- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Allegation is that the petitioners assaulted the informant by means of lathi, danda and iron rod, due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.77250 of 2018(2) dt.21-12-2018 2/2 present case. It is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. None of the injury is said to be grievous. Hence, no offence under Section 307 of the I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. case No.509 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T