Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18625 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- RAJAON District- Banka * ====================================================== 1.

Pankaj Yadav Son of Ram Chandra Yadav All Resident of Village-Basuara, P.S-Rajoun, District-Banka.

2.

Rabin Yadav Son of Sarveshwar Yadav All Resident of Village-Basuara, P.SRajoun, District-Banka. 3.

Rohit Kumar @ Rohit Yadav Son of Prakash Yadav All Resident of VillageBasuara, P.S-Rajoun, District-Banka. 4.

Nand Bala Devi Wife of Ram Chandra Yadav All Resident of VillageBasuara, P.S-Rajoun, District-Banka. 5.

Prakash Yadav Son of Sarveshwar Yadav All Resident of Village-Basuara, P.S-Rajoun, District-Banka.

6.

Sanjay Yadav Son of Sarveshwar Yadav All Resident of Village-Basuara, P.S-Rajoun, District-Banka.

7.

Anita Devi @ Mamata Devi Wife of Prakash Yadav All Resident of VillageBasuara, P.S-Rajoun, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 504 and 506 of the IPC.

The prosecution case, as per the written report of Gauri Shankar Yadav, dated 12.07.2018, submitted to the Station

Patna High Court CR. MISC. No.18625 of 2019(2) dt.28-03-2019 2/3 House Officer, Rajoun Police Station, is to the effect that on12.07.2018 at about 6 A.M., the informant was assaulted by all the 10 F.I.R. named accused persons including the petitioners.

It is submitted by learned counsel for the petitioners that the accusation has been levelled against the petitioners in the background of dispute with regard to pathway. The accusation against the petitioners is omnibus and general and the injury of the informant has been found superficial simple in nature. It is further submitted that there is counter version of the occurrence also, being Rajaun P.S. Case No. 300 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the F.I.R. with specific accusation.

Considering the genesis of occurrence being land dispute, accusation against the petitioners being omnibus and general and the injury of the informant being found superficial simple in nature, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the

Patna High Court CR. MISC. No.18625 of 2019(2) dt.28-03-2019 3/3 learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 301 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T