Ramashish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14290 of 2016 Arising Out of PS.Case No. -223 Year- 2015 Thana -SIRDALA District- NAWADA ======================================================
1. Ramashish Yadav Son of Musafir Yadav Resident of Village- Amhadi, Police Station , -Sirdalla, District Nawadah. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,379,307,504 and 506/34 of the Indian Penal Code.
The prosecution case is that though the partition between the informant and his own brother who is petitioner before this court, was made ten years ago but the petitioner was not vacating the land. On 24.11.2015 at 7.30 P.M. when the informant asked to vacate the land then this petitioner assaulted the informant with Khanti on his head and snatched the gold chain from the neck of the
Patna High Court Cr.Misc. No.14290 of 2016 (2) dt.01-04-2016 2/3 informant's wife. When the younger brother of the informant came to rescue then he was also assaulted by co accused Nitish Kumar and mobile of the informant's brother was also snatched.
It is submitted by the learned counsel for the petitioner that in the background of partition dispute the accusation has been levelled. It is further submitted that for the occurrence of 24.11.2015 the FIR was registered on 26.11.2015. The injury has been found to be simple in nature. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The petitioner undertakes to deposit rupees five thousand before the learned court below which will be released in favour of the informant.
Considering the accusation levelled in the background of partition dispute, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, V, Nawada in connection with Sirdalla P.S. Case No. 223 of
Patna High Court Cr.Misc. No.14290 of 2016 (2) dt.01-04-2016 3/3 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T