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Patna High CourtCR. MISC./13624/2024allowed

Ramraj Yadav v. The State Of Bihar

2024-04-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13624 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Ramraj Yadav S/o Sharwan Yadav R/o vill - Hariharganj Nahar Khap, P.S. - Rafiganj, Distt. - Aurangabad (Bihar) 2.

Anil Yadav Sharwan Yadav VILLAGE HARIHARGANJ NAHAR KHAP PS RAFIGANJ DISTRICT AURANGABAD 3.

Pankaj Yadav Alias Virendra Kumar Alias Dhirendra Kumar Ramraj Yadav VILLAGE HARIHARGANJ NAHAR KHAP PS RAFIGANJ DISTRICT AURANGABAD 4.

Chandan Yadav Ramraj Yadav VILLAGE HARIHARGANJ NAHAR KHAP PS RAFIGANJ DISTRICT AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Ms.Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 323, 379, 341, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, due to land dispute, all the accused persons including the petitioners are said to have abused and assaulted the informant's side brutally due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They

Patna High Court CR. MISC. No.13624 of 2024(3) dt.18-04-2024 2/2 have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific overt act against co-accused Nandu Yadav to assault one Ajit Kumar due to which he sustained grievous injury on his wrist. There is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Rafiganj P.S. Case No. 485 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T