Ugra Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16680 of 2020 Arising Out of PS. Case No.-185 Year-2017 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

UGRA NARAYAN YADAV S/o Late Ram Ballar Yadav Resident of VillageMonsara, P.S-Ghanshyampur, District-Darbhanga. 2.

Umesh Mandal S/o Late Ramphal Mandal Resident of Village-Monsara, P.SGhanshyampur, District-Darbhanga. 3.

Anirudh Mandal S/o Late Uma Mandal Resident of Village-Monsara, P.SGhanshyampur, District-Darbhanga. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2020 This case has been heard through videoconferencing. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 324, 302 & 504/34 of the Indian Penal Code. All the F.I.R. named accused persons are said to have been variously armed with rod, knife, iron and hammer came at the courtyard of the informant and began to abuse and Sarwan Mandal assaulted with knife on the head of the daughter

Patna High Court CR. MISC. No.16680 of 2020(3) dt.10-09-2020 2/3 of the informant. Thereafter, all the accused persons pulled the informant and her husband from lawn and brutally assaulted both of them with rod, knife and hammer. Thereafter, with the help of villagers the injured persons admitted to Ghanshyampur P.H.C. but her husband was referred to D.M.C.H. and he succumbed to his injury before the treatment at D.M.C.H. The reason behind the occurrence is said to be land dispute between the parties.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that there is long standing enmity between the family of the informant and the family of the petitioners and several cases are pending between them. The police after investigation found that petitioners are innocent and they were not sent up for trial. Similarly situated co-accused, namely, Sarwan Mandal has been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 24.04.2019 passed in Cr. Misc. No. 26836 of 2019.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.16680 of 2020(3) dt.10-09-2020 3/3 case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Darbhanga in connection with Ghanshyampur P.S. Case No.185 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Trivedi/- U T