Ramashish Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11392 of 2015 Arising Out of PS.Case No. -443 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================
1. Ramashish Yadav Son of Sukhdeo Yadav age about 45 years
2. Jitendra Yadav @ Jitendra Kumar Yadav Son of Ramashish Yadav aged about 14 years.
3. Pramod Yadav @ Pramod Kumar Yadav Son of Ramashish Yadav aged about 12 years.
4. Sandeep Yadav@ Sandeep Kumar Yadav Son of Ramashish Yadav aged about 10 years.
All of resident of Village- Harbansa, P.S. and District- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Smt. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2015 Heard both sides.
The petitioners, four in number, apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code.
The informant named the petitioners and alleged that Ramashish Yadav, Jitendra Yadav, Pramod Yadav and Sandeep Yadav assaulted him with lathi. Ramashish Yadav and Jitendra Yadav assaulted him with knife and also took money from his pocket. The informant made omnibus and general allegations of
Patna High Court Cr.Misc. No.11392 of 2015 (4) dt.24-06-2015 2/3 assault against Pramod Yadav (petitioner no. 3) and Sandeep Yadav (petitioner no. 4). It is submitted that there is land dispute between the parties. The injuries found on the person of the informant Prahalad Yadav is simple in nature but caused by a sharp-edged weapon.
Considering the fact that Ramashish Yadav (petitioner no. 1) and Jitendra Yadav @ Jitendra Kumar Yadav (petitioner no. 2) are alleged to have assaulted the informant with knife and two sharp cut injuries were found on the person of the informant, I am not inclined to enlarge the above named petitioner nos. 1 and 2 on anticipatory bail. Accordingly, the same is rejected.
So far as the case of Pramod Yadav @ Pramod Kumar Yadav (petitioner no. 3) and Sandeep Yadav @ Sandeep Kumar Yadav (petitioner no. 4) is concerned, there is no specific allegation, either of assault or snatching of money, against them, the above named petitioner nos. 3 and 4, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand ) each with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.11392 of 2015 (4) dt.24-06-2015 3/3 learned Chief Judicial Magistrate, Gopalganj in Gopalganj (Town) P.S. Case No. 443/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T