Mogendra Yadav @ Yogendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21104 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== 1.
MOGENDRA YADAV @ YOGENDRA YADAV SON OF ARJUN YADAV RESIDENT OF VILLAGE- MAHANTHWA, P.S.- KATEYA DISTRICTGOPALGANJ 2.
RANJEET YADAV SON OF MOGENDRA YADAV @ YOGENDRA YADAV RESIDENT OF VILLAGE- MAHANTHWA, P.S.- KATEYA DISTRICT- GOPALGANJ 3.
RAKESH YADAV SON OF MOGENDRA YADAV @ YOGENDRA YADAV RESIDENT OF VILLAGE- MAHANTHWA, P.S.- KATEYA DISTRICT- GOPALGANJ 4.
CHHOTU YADAV SON OF LATE JAYSHRI YADV RESIDENT OF VILLAGE- MAHANTHWA, P.S.- KATEYA DISTRICT- GOPALGANJ ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2022 Heard Mr. Pankaj Kumar Dubey, learned Advocate for the petitioner and the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Kateya P.S. Case No. 393 of 2020 dated 23.11.2020 instituted for the offences under Sections 341, 323, 324, 325, 307, 506 and 34 of the Indian Penal Code.
With respect to a dispute over the construction of a toilet in a contiguous land, an occurrence is said to
Patna High Court CR. MISC. No.21104 of 2021(2) dt.12-01-2022 2/3 have taken place in which the petitioners are alleged to have assaulted the son of the informant.
Learned counsel for the petitioners has submitted that though they have been attributed with the act of assaulting the son of the informant, but specific weapon has been attributed to them.
The victim has suffered two injuries, out of which, one has been immediately reported to be simple in nature. With respect to the other injury, no assessment could be made without further medical investigation. The victim was advised CT Scan. There is nothing on record to indicate about any report of the CT Scan.
Learned counsel for the petitioners but submits that the injury no. 1 is in the nature of laceration over head of the size of 1"x1/2". On the basis of the dimension of the injury no. 1, it has been urged that it cannot at all be life-threatening as the victim has not suffered any other collateral damage. The victim has also not complained of any other pain which could be attributed to the assault.
It has further been submitted that all of them are family members and have been made accused in this case because of the pending dispute over a toilet room which was being constructed on a disputed portion of
Patna High Court CR. MISC. No.21104 of 2021(2) dt.12-01-2022 3/3 land.
Considering the aforenoted submissions on behalf of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 393 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T