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Patna High CourtCR. MISC./10712/2023allowed

Raju Yadav v. The State Of Bihar

2023-04-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10712 of 2023 Arising Out of PS. Case No.-59 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== RAJU YADAV S/O KAMLA YADAV @ KAMLAL YADAV Resident of Village- Kalichhapar, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 379 and 308/34 of the Indian Penal Code. The petitioner in association of other co-accused is said to have assaulted the informant and others and they have also committed other offences in the manner as mentioned in the F.I.R.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted

Patna High Court CR. MISC. No.10712 of 2023(2) dt.24-04-2023 2/2 that the land in question is ancestral property of the petitioner and he is one of the co-sharer of the said land and on the alleged date of occurrence petitioner along with other persons was constructing 'Palani' for living there but the informant along with her associates came there and started assaulting to the petitioner and other persons and in this connection Kateya P.S. Case No.57 of 2018 was lodged, earlier to the case under hand. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kateya P.S. Case No. 59 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T