Dinesh Yadav @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13330 of 2020 Arising Out of PS. Case No.-79 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== DINESH YADAV @ DINESH KUMAR Son of Sugga Yadav Resident of Village - Hario, P.S. - Magadh Medical, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Magadh Medical P.S. Case No.79 of 2017 registered under Sections 341, 452, 323, 504, 506, 354 and 34 of the Indian Penal Code. The informant alleged that while he was sitting near Shiv temple, Sandip Yadav and Rajesh Kumar @ Gora Yadav came and began to abuse him. They also entered into scuffle in which the informant got injury by some sharp pointed weapon kept by them. It is further alleged that many persons assembled there and they tried to pacify the matter but in the meantime, Mantu Yadav, Dinesh Yadav(the petitioner), Lalan Yadav came and entered into the house of the uncle of the informant. They are alleged to misbehave with his cousin and aunt and the accused persons started pelting stones.

Patna High Court CR. MISC. No.13330 of 2020(4) dt.24-09-2020 2/2 The learned counsel for the petitioner submits that some altercation took place between the children of two families for which from the side of the petitioner, Magadh Medical P.S. Case No.80 of 2017 was registered on the fardbeyan of Chhotu Kumar. Omnibus and general allegation are made to misbehave with the cousin and the aunt of the informant but no specific allegation is made. Such allegation is made only with a view to make the offence serious in nature. Other offences are bailable.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that there is a case and counter case and no specific allegation is made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released 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 A.C.J.M. IV, Gaya in connection with Magadh Medical P.S. Case No.79 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T