Laldeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83088 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

LALDEO YADAV Son of Late Jagan Yadav Resident of Village - Bara, P.S.- Magadh University, Distt.- Gaya.

2.

Kamlesh Yadav Son of Laldeo Yadav Resident of Village - Bara, P.S.- Magadh University, Distt.- Gaya.

... ... petitioners

Versus

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

For the petitioners/s :

Mr. Shivendra Prasad, Advocate.

For the Opposite Party/s :

Mr. Makeshwar Daya, APP For the informant : Mr. Arvind Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 325, 326 and 307 of the Indian Penal Code.

Nine named accused persons including the petitioners and five unknown miscreants are said to have assaulted the informant and his family members by means of sword, khanti etc. and petitioner Laldeo Yadav is said to have

Patna High Court CR. MISC. No.83088 of 2019(2) dt.16-12-2019 2/3 assaulted Meena Devi by means of sword on her hand while Kamlesh Yadav by means of khanti on her thigh over property dispute.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. There is a case and counter case between the parties. There was free fight and both the parties have sustained injury. Though Meena Devi sustained four injuries but all are simple in nature barring one injury which is on shoulder. Petitioner Laldeo Yadav is said to have assaulted Meena Devi by means of sword but the doctor has not found any sword injury on the person of Meena Devi rather all the injuries have been caused by hard blunt substance. Petitioners have no criminal antecedent and have been languishing in custody since 04.10.2019. Learned counsel for the informant and learned APP for the State opposed the bail petition and submitted that the petitioners have assaulted Meena Devi by means of sword and Khanti. Hence, they do not deserve bail.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.83088 of 2019(2) dt.16-12-2019 3/3 Additional Chief Judicial Magistrate-IX, Gaya in connection with Magadh University P.S. Case No.92 of 2019. (Prakash Chandra Jaiswal, J) amit/- U T