Ramashankar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.4155 of 2017 (2) dt.17-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4155 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================

1. Ramashankar Yadav Son of Ram Prakash Yadav, Resident of VillageBoturi, P.S. Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pandaul Police Station Case No. 165 of 2016, disclosing offences under Sections 147, 148, 149, 323, 341, 324 and 307 of the Indian Penal Code.

Accusation is of assault and caused injury to the brother of the informant on the head by Garasa. Learned counsel for the petitioner has submitted that the entire prosecution case has been lodged after lodging of the case by the petitioner side against the informant and others. There is a land dispute between the parties for which altercation took place and both the parties have sustained injuries. Resultantly, a case and counter case have been lodged by both the sides. In this case, the injury caused on the head of brother

Patna High Court Cr.Misc. No.4155 of 2017 (2) dt.17-02-2017 of the informant appears to be simple in nature caused by incised weapon, which is evident from Annexuer-3 of this petition. Further, no specific allegation is attracted against this petitioner as altogether eleven persons have been named in the F.I.R. Moreover, co-accused, Shiv Narayan Yadav @ Laddu Yadav @ Survy Narayan Yadav, having similar allegation, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 49689 of 2016. Hence, the petitioner also deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six 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 learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul Police Station Case No. 165 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T