IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32503 of 2008 1. YOGENDRA YADAV son of Late Buddhi Yadav 2. SHAILENDRA KUMAR YADAV @ SHAILENDRA YADAV son of Sri Yogendra Yadav 3. RAM PUKAR YADAV son of Sri Yogendra Yadav 4. DHANANJAY YADAV son of Sri Harendra Yadav All resident of Village and P.S. Gaunaha, District West Champaran -----------------------Petitioners Versus THE STATE OF BIHAR----------------------- -------- Opp.Party ----------- 2. 30.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Gaunaha P.S. Case No.68/04 for the alleged offences registered under sections 341, 342, 323, 307, 379 and 504/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that the police after investigation submitted chargesheet for non-cognizable offence against petitioners no.1, 3 and 4 and no chargesheet was submitted against petitioner no.2. However, on protest, the Magistrate took cognizance of the offence under section 307 of the I.P.C. against all the petitioners. Learned counsel further submits that on perusal of the F.I.R. and the allegations made therein, it would appear that the informant on account of the alleged overt act on the part of the petitioners sustained swelling and pain in his neck. Learned counsel submits that on such complaint, no offence under section 307 of the Indian Penal Code could be made out. The learned APP appearing on behalf of the State opposes - 2 - the prayer for bail. However, he is not in a position to refute the submission that on account of the overt act, the injury alleged to have been sustained by the informant is swelling and pain in the neck. Considering the above, let petitioners no.1 to 4 above named, in the event of their arrest or surrender in connection with Gaunaha P.S. Case No.68/04, within a period of six weeks from today, be enlarged 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 the Chief Judicial Magistrate, West Champaran at Bettiah, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha,J.)