Patna High Court - Orders
Shivnath Yadav vs The State Of Bihar on 2 September, 2019
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54908 of 2019
Arising Out of PS. Case No.-591 Year-2018 Thana- BRAHMPUR District- Buxar
======================================================
1. SHIVNATH YADAV Son of Late Sunder Yadav
2. Rakesh Yadav @ Pintu Yadav Son of Late Budhram Yadav
3. Dinesh Yadav Son of Late Budhram Yadav
4. Chhan Bihari Yadav @ Chhand Bihari Yadav Son of Dudhnath Yadav @
Dudhnath
5. Dudhnath Yadav @ Dudhnath Son of Late Vrija Yadav
All resident of Village-Barki Nainijor, Police Station-Nainijor, District-
Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
2 02-09-2019Heard both sides.
The petitioners apprehend their arrest in Brahmpur (Nainizore) P.S. Case No.591 of 2018 registered under Sections 147, 148, 149, 341, 323, 504, 379, 429 and 307 of the Indian Penal Code.
The informant named altogether 14 persons including five petitioners and alleged that all the accused persons having armed with different weapons came and started taking cow. When the informant and his brother objected, Atma Yadav pointed out pistol at the informant and exhorted to kill him on Patna High Court CR. MISC. No.54908 of 2019(2) dt.02-09-2019 2/3 such, Anant Yadav assaulted the informant with farsa which hit on the middle of his head. Shidhnath and Dudhnath(petitioner No.5) again exhorted on such, Umesh Yadav and Naresh Yadav assaulted the informant with iron rod which hit on his arm. When Satyendra Yadav came to save, Brajesh and Bijendra tied towel in his neck. Shivnath Yadav assaulted with butt of bhala on his nose. Fallu Yadav assaulted him with farsa. It is further alleged that Akhilesh Yadav and Dinesh Yadav(petitioner No.3) assaulted him with butt of spear on his testicles. Atma Yadav took money from the possession of his brother.
The learned counsel for the petitioners submits that there is a counter version being Brahmpur(Nainizore) P.S. Case No.593 of 2018. Both the sides are agnates. The petitioners are not the assailants of Devendra Yadav. There is no allegation of assault against Shivnath Yadav, Rakesh Yadav and Chhan Bihari Yadav @ Chhand Bihari Yadav(petitioner Nos.1, 2 and 4). Shivnath Yadav is only order giver. There is also no allegation against Dudhnath Yadav but Dinesh Yadav assaulted with butt on testicles of the brother of the informant. The brother of the informant got three swelling injuries but all the injuries are opined to be simple in nature. Similarly situated co-accused Bijendra Yadav has already been granted anticipatory bail by Patna High Court CR. MISC. No.54908 of 2019(2) dt.02-09-2019 3/3 order dated 25.07.2019 in Cr. Misc. No.20165 of 2019.
It appears that both the sides are agnates and there is a case and counter case. There is no allegation of assault against petitioner No.1, 2 and 4 and allegation of petitioner No.3 is that he assaulted with butt of spear on the testicles of the brother of the informant but simple injuries are found.
Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released 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 Chief Judicial Magistrate, Buxar in connection with Brahmpur (Nainizore) P.S. Case No.591 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/-
U T