Raman Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51110 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -MARAUNA District- SUPAUL ====================================================== Raman Prasad Yadav, son of Moti Yadv, resident of village-Agargarha, P.S. Marauna, District-Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 31-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Marauna P.S. Case No.60 of 2017/G.R. No.1177 of 2017 registered under Sections 147, 148, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation is that 21 persons, named in the F.I.R., including the petitioner alongwith unknown armed with weapons surrounded the house of the informant Ganga Prasad Yadav and on entering into the house started to cause assault. In that course, this petitioner and Sri Prasad caused cut injury at the head of Sushil Yadav through Farsa, as a result of which he became unconscious and fell down. Thereafter, on the order of Birendra

Patna High Court Cr.Misc. No.51110 of 2017 (2) dt.31-10-2017 2/3 Yadav and Tuntun Yadav to kill Sushil Yadav, Pramod Yadv, Kari Yadav, Lakhan Yadav and others started to cause assault to him through Lathi. When the informant tried to save Sushil Yadav then Birendra Yadav caused cut injury at the little finger of his left hand through iron rod. Others were throwing bricks and stones at the courtyard of the informant.

Learned counsel appearing on behalf of the petitioner submits that, in fact, due to land dispute, the occurrence of "MaarPeet" took place in between the parties in which co-accused Kaleshwar Yadav also sustained injury regarding which on the basis of the written report of Kaleshwar Yadav, Marauna P.S. Case No.61 of 2017 under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code was instituted against the informant of the present case and others. Moreover, while there is allegation against the petitioner and Sri Prasad to cause cut injury at the head of Sushil Yadav through Farsa but the injury as found on the head of Sushil Yadav is said to be caused by hard and blunt substance. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)

Patna High Court Cr.Misc. No.51110 of 2017 (2) dt.31-10-2017 3/3 with two sureties of the like amount each to the satisfaction of Sri Kumar Krishandeo, Judicial Magistrate, First Class, Supaul, District-Supaul, in connection with Marauna P.S. Case No.60 of 2017/G.R. No.1177 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T