Jayram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14971 of 2023 Arising Out of PS. Case No.-122 Year-2017 Thana- GURARU District- Gaya ====================================================== Jayram Yadav Son Of Sheo Sharan Yadav R/V- Khekhra, P.S.- Guraru District- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Guraru P.S. Case No.122 of 2017 registered for the offences punishable under Sections 341, 323 and 308 of the Indian Penal Code. The allegation against the petitioner is to assault informant and other by means of iron rod alongwith other coaccused persons causing head and bodily injuries, having
Patna High Court CR. MISC. No.14971 of 2023(2) dt.25-05-2023 2/3 intention to cause their death, where occurrence arises out of long standing land disputes.
Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is appearing very much general and omnibus and implication is false admittedly out of longstanding land disputes. It is submitted that almost all injuries found simple in nature, which is not sufficient to cause death of the injured in the ordinary course of nature. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as allegation regarding assault is appearing very much general and omnibus, where injuries are simple in nature, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate F.C. Gaya/concerned Court below where the case is pending in connection with Guraru P.S.
Patna High Court CR. MISC. No.14971 of 2023(2) dt.25-05-2023 3/3 Case No.122 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T