Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53377 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ====================================================== Pappu Yadav, Son of Laldeo Choudhary Resident of Village - Kusodhi Dalichak, P.S. Mirganj, District Gopalganj.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mirganj P.S. Case no. 165 of 2016, registered under Sections 147, 341, 323, 324, 326, 307, 354 and 504 of the Indian Penal Code. The accusation is that nine persons named in the F.I.R., including the petitioner, variously armed with weapons reached to the informant and started assaulting him, his father and his wife. At that time, co-accused Laldeo Choudhary caused injury through axe on his head and rest accused persons caused injury to his father and his wife. Thereafter, co-accused Munna Choudhary and Laldeo Choudhary also caused injury through knife to Ashok Yadav, younger brother of the informant, who was returning from his sasural. Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is general and omnibus allegation

Patna High Court Cr.Misc. No.53377 of 2016 (2) dt.19-12-2016 2/2 against the petitioner as there is specific allegation to cause injury on the person of the informant, his father, wife and Ashok Yadav, younger brother of the informant, against co-accused Laldeo Choudhary and Munna Choudhary. The injuries found on the person of the informant, his father, wife are simple in nature. Further submission is that, in fact, occurrence took place due to land dispute in which petitioner side also sustained injury regarding which on the basis of the fardbeyan of co-accused Kaushalya Devi, Mirganj P.S. Case No. 166 of 2016, under sections 147, 341, 323, 308, 379 and 504 of the Indian Penal Code was instituted against informant and his other family members of the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No.165 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T