Shree Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17566 of 2024 Arising Out of PS. Case No.-232 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== Shree Ram Yadav, aged about 48 years, male, son of Picho Yadav, resident of Village- Hardiya, P.S.- Chautham, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-03-2024 Heard Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Pramod Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chautham P.S. Case No. 232 of 2023, registered for the offence punishable under Sections 341, 448, 323, 307, 354, 379, 385, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, all the accused persons named in the FIR along with others had demanded ransom and had also assaulted informant and his family members, in which son of the informant had sustained injury. Specific allegation of stabbing knife in the stomach of the son of the informant is against one Sonu Kumar. Petitioner has been alleged to be the order giver.

Patna High Court CR. MISC. No.17566 of 2024(2) dt.14-03-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. There is long standing land dispute between the parties. Petitioner was admittedly an order giver and he had not assaulted anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, there is long standing land dispute between the parties. Petitioner was admittedly an order giver and he had not assaulted anyone. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four 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 learned Judicial Magistrate, 1st Class, Khagaria, in connection with Chautham P.S. Case No. 232 of

Patna High Court CR. MISC. No.17566 of 2024(2) dt.14-03-2024 3/3 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T