Tej Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28072 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- BANMANKHI District- Purnia ====================================================== 1.

TEJ NARAYAN YADAV Son of Bhumeshwari Yadav Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea. 2.

Santosh Yadav Son of Tej Narayan Yadav Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea.

3.

Dilkhush Yadav @ Dilkhush Kumar Son of Chandeshwari Yadav Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea. 4.

Chhotu Yadav @ Chhotu Kumar Son of Chandeshwari Yadav Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea. 5.

Laxman Rishi @ Laxman Rishidev Son of Ramji Rishi @ Ram Rishidev Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea. 6.

Phul Chand Rishi Son of Late Mishri Rishi Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea.

7.

Rameshwar Rishi @ Rameshwar Rishidev Son of Late Besi Rishi @ Basi Rishidev Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea.

8.

Bhanu @ Raj Kumar Rishi Son of Late Darogi Rishi @ Darogi Rishidev Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea. 9.

Mantu Rishi Son of Late Prithvi Rishi Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea.

10.

Chandeshwari Rishi @ Chandeshwari Ram Son of Late Manik Ram Resident of village - Mohania West, P.S.- Banmankhi, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.28072 of 2023(2) dt.25-07-2023 2/3

3. The informant alleges that on account of dispute relating to land, the accused persons came and Vikas tried to dash Dayanand by tractor but he managed to save himself, thereafter, petitioner No. 1 assaulted Dayanand by an iron rod causing injury on head and he became unconscious, thereafter, petitioner No. 2 threatened him by pistol and rest of the accused assaulted his family members and Bittu took golden earring of his wife.

4. Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of one case and petitioner No. 2 has antecedent of two cases and petitioner No. 3 to 10 are the persons with clean antecedent.

5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that the injury on Dayanand is simple in nature, further, Bablu has also received one grievous injury but then the same is on the index finger and Meena also received one grievous injury but then it is on hand.

6. Learned counsel submits that from bare perusal of the allegations as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence took place, it is also submitted that both sides have instituted their separate

Patna High Court CR. MISC. No.28072 of 2023(2) dt.25-07-2023 3/3 FIR and though Bablu and Meena received grievous injury but then the same is not on vital part of the body nor from the FIR it can be culled out that who assaulted them causing grievous injury.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Banmankhi P.S. Case No. 145 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T