Ramanjee Yadav @ Raman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25509 of 2023 Arising Out of PS. Case No.-67 Year-2020 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== RAMANJEE YADAV @ RAMAN YADAV SON OF BHUPENDRA YADAV VILLAGE- KUMRAUL, PS- GHANSHAYAMPUR, DISTT- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Kumar, Advocate.
For the Opposite Party/s :
Mr. Nand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023 Heard Mr. Om Prakash Kumar, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor appearing for the State.
2. Petitioner apprehends his arrest in connection with Ghanshyampur P.S. Case No. 67 of 2020 dated 2.4.2020 registered for the offence punishable under Sections 341, 323, 324, 379 and 504/34 of the Indian Penal Code.
3. As per the prosecution story, in the night of 31.3.2020 the informant went at his pond for fishing, in the meanwhile, all the accused persons including the petitioner assaulted the informant with Farsa and axe and when his nephew came to save the informant, Ramanjee Yadav @ Raman Yadav (petitioiner) assaulted him with Farsa.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.25509 of 2023(2) dt.14-07-2023 2/3 there is dispute with regard to fishing pond between the parties. There is case and counter case inasmuch as an FIR bearing Ghanshyampur P.S. Case No. 66 of 2020 dated 2.4.2020 was lodged by the side of the petitioner against the informant and others for an incident which had taken place on 30.1.2020 and Fard-e-beyan from the side of the petitioner was filed which would be evident from Annexure-2. Learned counsel further submits that the injury has been caused due to assault made by the side of the informant upon Bachanji Yadav who is from the side of the petitioner. He next submits that the injury caused to the informant Yashodhar Yadav is simple in nature.
5. Regards being had to the submission made by the parties and taking into consideration the fact that both the parties are co-villagers, there is land dispute between them, there is case and counter case and the injury sustained by the informant's nephew is simple in nature, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.25509 of 2023(2) dt.14-07-2023 3/3 Additional Chief Judicial Magistrate, Darbhanga, in connection with Ghanshyampur P.S. Case No. 67 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T