Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13064 of 2024 Arising Out of PS. Case No.-720 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

Ramesh Yadav Son of Late Ugan Yadav Resident of village and P.O.- Chandwa, P.S.- Ara Nawada ,District- Bhojpur. 2.

Kamlesh Yadav Son of Late Ugan Yadav Resident of village and P.O.- Chandwa, P.S.- Ara Nawada ,District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Prerna Anand, Advocate For the State :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 427, 447, 504, 506 and 149 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, armed with lathi and danda, assaulted the informant and his family members, on account of which three persons sustained injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioners that on account of land dispute between the parties, a free fight took place in which both sides sustained

Patna High Court CR. MISC. No.13064 of 2024(2) dt.12-03-2024 2/2 injuries. It is next submitted that there is case and counter-case. It is further submitted that allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and case and counter-case, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in connection with Ara Nawada P.S. Case No.720 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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