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Patna High Court - Orders

Sintu Yadav @ Sant Lal Yadav & Ors vs The State Of Bihar on 18 March, 2015

Author: Jitendra Mohan Sharma

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.37310 of 2014 (2) dt.18-03-2015




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.37310 of 2014
                        Arising Out of PS.Case No. -116 Year- 2014 Thana -SAHKUND District- BHAGALPUR
                   ======================================================
                   1. Sintu Yadav @ Sant Lal Yadav son of Naresh Yadav
                   2. Shyam Yadav son of Suresh Yadav
                   3. Parmanand Yadav @ Parmod Yadav son of Suresh Yadav
                   4. Niranjan Yadav son of Suresh Yadav
                   5. Shama Devi wife of Naresh Yadav
                   All R/o village- Kolhachak, P.S.- Sajour (Sahkund), District- Bhagalpur
                                                                          .... .... Petitioner/s
                                                      Versus
                   The State of Bihar....................................... .... Opposite Party/s
                   ======================================================
                                                       with
                                    Criminal Miscellaneous No.39425 of 2014
                        Arising Out of PS.Case No. -116 Year- 2014 Thana -SAHKUND District- BHAGALPUR
                   ======================================================
                   1. Sautara Yadav @ Raju Yadav @ Raj Kishore Yadav son of Jaldhar
                       Yadav
                   2. Munna Yadav son of Naresh Yadav
                   Both R/o village- Kolhachak, P.S.- Sajour (Sahkund), District- Bhagalpur
                                                                 ... .... Petitioner/s
                                                     Versus
                   The State of Bihar                          .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   (In Cr.Misc. No.37310 of 2014)
                   For the Petitioner/s     :  Mr. Indeshwari Prasad Mandal
                   For the Opposite Party/s   : Mr. Rajesh Kumar (App)
                   (In Cr.Misc. No.39425 of 2014)
                   For the Petitioner/s     :  Mr. Indeshwari Prasad Mandal
                   For the Opposite Party/s   : Mr. M.K.Nirala(App)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA
                   ORAL ORDER

2   18-03-2015

Above noted both the applications have arisen out of one occurrence i.e. Sajour (Sahkund) P.S. Case No. 116 of 2014 registered for the offences punishable under Sections 147, 148, 149, 379, 341, 323, 307, 504 and 506 of the Indian Penal Code, and as such, they have been heard together and are being disposed of by this common order.

Patna High Court Cr.Misc. No.37310 of 2014 (2) dt.18-03-2015

Allegedly, the petitioners being armed with rod, lathi and dabiya came near the house of the informant abusing and dragged the informant to compromise the earlier case and on refusal the petitioner Sautara Yadav assaulted with iron rod and the brother of the informant was assaulted by lathi by Munna Yadav and further they snatched the wrist watch.

Submission is that there is case and counter case, all the injuries have been found to be simple in nature vide Annexure-3 and 3A, and as such, the petitioners deserve sympathetic consideration to which the learned APP opposes.

Considering that there is case and counter case and the injuries have been found to be simple in nature, the petitioners above named of both the cases, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bhagalpur in connection with Sajour (Sahkund) P.S. Case No. 116 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/-

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