Ramesh Yadav @ Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20237 of 2023 Arising Out of PS. Case No.-47 Year-2021 Thana- BHEJA District- Madhubani ====================================================== 1.

RAMESH YADAV @ RAMESH KUMAR YADAV Son of Ramdev Yadav Resident of Village - Koriyadhant, P.S.- Bheja, District - Madhubani. 2.

Kusheshwar Yadav Son of Shyam Yadav Resident of Village - Koriyadhant, P.S.- Bheja, District - Madhubani.

3.

Mahesh Yadav Son of Ramdev Yadav Resident of Village - Koriyadhant, P.S.- Bheja, District - Madhubani.

4.

Shyam Yadav Son of Bauku Yadav Resident of Village - Koriyadhant, P.S.- Bheja, District - Madhubani.

5.

Devendra Kumar Yadav @ Devendra Yadav @ Deven Yadav Son of Chhedi Yadav Resident of Village - Koriyadhant, P.S.- Bheja, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 302, 504, 506, 34 of the IPC and 27 of the Arms Act.

As per the prosecution case, the F.I.R. named accused persons including the petitioners assaulted the informant's side by means of various deadly weapons over a dispute of construction being done in a land adjacent to the land of informant.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.20237 of 2023(2) dt.27-06-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Suresh Yadav to fire upon the deceased. None of the injury said to be inflicted by the petitioners are grievous in nature. Petitioners have criminal antecedent except petitioner no.5, who has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the 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 court below where the case is pending/Successor Court in connection with Bheja P.S. Case No.47 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.