Ran Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6559 of 2022 Arising Out of PS. Case No.-224 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

RAN VINAY YADAV SON OF BALESHWAR YADAV R/O VILLAGEBAKHADDA, P.S.- KHODAWANDPUR (CHHAURAHI O.P.), DISTRICT- BEGUSARAI 2.

MUKESH YADAV SON OF BALESHWAR YADAV R/O VILLAGEBAKHADDA, P.S.- KHODAWANDPUR (CHHAURAHI O.P.), DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2022 At the outset, learned counsel for the petitioners submits that during pendency of this petition, petitioner no. 2 Mukesh Yadav died and as such, he seeks permission to withdraw this petition, so far as petitioner no.2 is concerned. Accordingly, in respect of petitioner no. 2 this anticipatory bail petition is dismissed as withdrawn. By way of filing supplementary affidavit, learned counsel for the petitioner submits that in the cause title, due to typing mistake, the name of petitioner no. 1 has wrongly been mentioned as Ran Vinay Yadav, whereas, it should be "Ram Vinay Yadav". Accordingly, he makes a prayer for correcting the name of petitioner no. 1 in the cause title.

Patna High Court CR. MISC. No.6559 of 2022(2) dt.01-08-2022 2/3 In view of aforesaid fact, let the name of petitioner no.1 be read as "Ram Vinay Yadav" in place of Ran Vinay Yadav in the cause title.

Heard learned counsel for the parties.

Petitioner no. 1 apprehends his arrest in a case registered for the offence under Sections 342, 323, 307, 379, 504/34 of the Indian Penal Code.

As per the F.I.R., petitioner no. 1 caught the hand of informant and co-accused Arvind Yadav assaulted on the head of the informant. It is further alleged that while the son of informant came to rescue, he was also assaulted with iron rod causing injury on his back.

It is submitted on behalf of petitioner no.1 that due to land dispute between the parties, for which a title suit was also going on, a simple Maarpit took place. Specific allegation of causing assault on informant by spade is against co-accused Arvind Kumar Yadav. So far as petitioner no. 1 is concerned, he is only alleged to have caught the hand of the informant. As per injury report, the injured persons sustained simple injury caused by hard & blunt substance.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.6559 of 2022(2) dt.01-08-2022 3/3 Considering the aforesaid facts and circumstances, let petitioner no. 1 namely Ram Vinay Yadav, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, District - Begusarai in connection with Khodwandpur P.S. Case No. 224 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T