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Patna High CourtCR. MISC./28736/2017disposed

Ram Bhaban Yadav @ Ram Bhaban Kumar And ANR v. The State Of Bihar

2017-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28736 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ram Bhaban Yadav @ Ram Bhaban Kumar

2. Dharmendra Yadav @ Dharmendra Kumar, both Sons of Vijay Yadav @ Uday Yadav, Resident of Village-Nauranga, P.S.-Islampur, DistrictNalanda .... Petitioners

Versus

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

For the Petitioners : Mr. Rudal Prasad, Adv. For the State : Mr. Shyam Kumar Singh, APP 138 For the informant : M/S Manish Kumar no. 13, Rohit Kumar and Kanchan Jha, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 149, 341, 504, 506, 326 and 307 of the Indian Penal Code.

For land dispute, an occurrence of free fight took place, both sides committed injuries to each other. So far present case is concerned, petitioner, Ram Bhaban Yadav @ Ram Bhaban Kumar, is alleged to have caused injury with farsa at the head of the informant. The doctor has found lacerated wound over parietal region of the informant though simple in nature.

Considering the fact that the petitioner, Ram Bhaban Yadav @ Ram Bhaban Kumar, had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail on his behalf is refused.

Patna High Court Cr.Misc. No.28736 of 2017 (2) dt.06-07-2017 2/2 Petitioner, Dharmendra Yadav @ Dharmendra Kumar, and others are alleged to have caused injury with farsa etc. to the father of the informant causing injury at the head. The doctor has found single injury on the parietal region of Ramanand Yadav, the father of the informant.

Submission is that it is difficult to attribute as to which of the two assailants has caused single injury at the head. Considering the aforesaid fact, let the petitioner, Dharmendra Yadav @ Dharmendra Kumar,, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Islampur P.S. Case No. 21 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, III, Hilsa, Nalanda, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √