Ramashraya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11355 of 2020 Arising Out of PS. Case No.-445 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== RAMASHRAYA YADAV Son of Late Ramlakhan Singh Yadav Resident of Village - Nawabganj, P.S.- Makhdumpur, Distt - Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Singh For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Makhdumpur P.S. Case No. 445 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 324, 307, 379, 354, 504 and 506 of the Indian Penal Code. Prosecution case in brief is that the informant hired labourer for construction work. On 04.10.2019 while the construction work was going on, the accused persons including this petitioner by forming unlawful assembly came there and began to abuse and also demanded Rangdari of Rs. 20,00,000/-. When the same was protested on the ground that the land
Patna High Court CR. MISC. No.11355 of 2020(5) dt.24-06-2020 2/2 belongs to the informant, accused persons began to assault with holding weapons in their hands. Co-accused Ravi Kumar and Nitish Kumar assaulted the labourers with weapons, as a result of which they sustained injuries. When the informant went to pacify, all the accused persons assaulted her by means of lathi and danda.
It is submitted that petitioner has been falsely implicated in this case. There is general and omnibus allegation. There is no allegation of any overt act against this petitioner. Both parties are Gotiyas. There is land dispute between the parties. The petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 445 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T