IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34968 of 2011
1. Deo Krishna Yadav @ Budhu Yadav, S/o Rameshwar
Yadav
2. Bhanu Prakash Yadav @ Bhanu Yadav @ Ram Babu, S/o
Sury Narayan Yadav
3. Jagat Prasad Yadav @ Jagat Prakash Yadav, S/o Sury
Narayan Yadav
All residents of Viilage-Khaira, P.S. Bhairab Asthan,
District-Madhubani
4. Anand Kumar Yadav @ Anand Yadav, S/o Late Yogeshwar
Yadav, resident of village-Ekdara, P.S. Khajauli, District-
Maadhubani
Versus
The State Of Bihar
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02. 24.10.2011 Heard learned counsel appearing on
behalf of the petitioners, learned counsel
appearing on behalf of the State and Mr.
Rajesh Kumar Verma, learned counsel for the
informant.
The petitioners are apprehending
their arrest in connection with Bhairab
Asthan P.S. Case No.21 of 2011 for offence
punishable under sections 147, 148, 149, 323,
324, 326, 307 and 504/34 of the Indian Penal
Code and Section 27 of the Arms Act.
Learned counsel for the petitioners,
with reference to the allegations as set out
in the F.I.R. placed at Annexure-1 of the
application, submits that the plain reading
thereof manifests that whereas petitioner
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no. 1 has been charged with assaulting on the
right hand but no details has been given as
to whom and whose person the injury has been
caused, the petitioner no. 2 has been
charged with firing but without causing any
injury and the petitioner no. 4 has been
charged with firing in the air. He thus
submits that the allegations as made against
these petitioners are ornamental in nature
without causing any injury on the person of
any body. He further submits that although
the allegations as set out against the
petitioner no. 3 is of causing assault on the
nephew of the informant by means of farsa on
his head but the injury has been found on the
left hand of the nephew and not on his head
and also said to be simple in nature.
Learned counsel for the State and
learned counsel for the informant oppose the
application for bail.
Learned counsel for the informant
submits that the occurrence is admitted and
allegations are present in the F.I.R. and
thus the petitioners are not entitled for
consideration of their prayer.
Having heard learned counsel for
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the parties and considering the
circumstances, let the petitioner no.1 Deo Krishna
Yadav @ Budhu Yadav, petitioner no. 2 Bhanu Prakash Yadav @
Bhanu Yadav @ Ram Babu and petitioner no. 4 Anand Kumar
Yadav @ Anand Yadav, in the event of their
arrest or surrender within a period of four
weeks from the date of receipt of the
certified copy of this order, be released on
bail upon each of them furnishing bail bond
of Rs.10,000/- (ten thousand)each with two
sureties of the like amount each to the
satisfaction of the Chief Judicial
Magistrate, Jhanjharpur, Madhubani in
connection with Bhairab Asthan P.S. Case
No.21 of 2011, subject to the condition as
laid down under section 438(2) of the Code of
Criminal Procedure.
The prayer of the petitioner no. 3
Jagat Prasad Yadav @ Jagat Prakash Yadav is rejected. He may
surrender and make prayer for regular bail
before the court below and which shall be
considered and disposed of on its own merits
without being prejudiced by the order passed
in the present proceedings.
S.Sb/- (Jyoti Saran, J.)