Shiv Pujan Yadav & Ors vs The State Of Bihar on 21 December, 2016

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Patna High Court - Orders

Shiv Pujan Yadav & Ors vs The State Of Bihar on 21 December, 2016

Bench: Jitendra Mohan Sharma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.54114 of 2016
                     Arising Out of PS.Case No. -54 Year- 2016 Thana -TANDWA District- AURANGABAD
                 ======================================================
                 1. Shiv Pujan Yadav, son of Kailash Yadav
                 2. Deo Pujan Yadav, son of Kailash Yadav
                 3. Nitish Kumar, son of Janeshwar Malakar
                 4. Rakesh Kumar, son of Surendra Singh
                 5. Bajrangi Sharma, son of Bishwanath Sharma
                 6. Vicky Kumar, son of Manoj Yadav
                 7. Vivek Kumar, son of Uday Singh
                 8. Mantosh Kumar, son of Banke Bihari
                 9. Anuj Chaudhary @ Manuj Chaudhary, son of Late Ratan Chaudhary
                 10. Suryadeo Saw @ Suryapat Saw, son of Maderan Saw
                 11. Sanjay Sinha, son of Babulal Sinha
                 12. Babu Kumar, son of Bharat Singh All are residents of Village -
                     Kalapahar Tendua, P.S. - Tandwa, District - Aurangabad.

                                                                               .... ....   Petitioners
                                                      Versus
                 The State of Bihar.

                                                               .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners    : Mr. Bhanu Pratap Singh, Advocate
                 For the Opposite Party : Mr. Abhay Kumar Roy (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA
                 ORAL ORDER

2   21-12-2016

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Tandwa P.S. Case No. 54 of 2016, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 337, 338 of the Indian Penal Code.

Allegedly, the petitioners being armed attacked upon the informant and assaulted him with lathi, danda, resulting he Patna High Court Cr.Misc. No.54114 of 2016 (2) dt.21-12-2016 2/2 became injured and when the villagers came for rescue Shrwan Kumar, Dilip Kumar and Srikant Kumar were assaulted with lathi, danda and some other villagers were throwing bricks and stone.

Submission is of false implication and that this case is counter blast of Tandwa P.S. Case No. 53 of 2016 which was lodged by Binay Singh against the family members of the informant. The injury caused to the informant and others are simple in nature and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Aurangabad, in connection with Tandwa P.S. Case No. 54 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/-

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Patna High Court - Orders