Gajendra Yadav @ Gajendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7234 of 2018 Arising Out of PS.Case No. -316 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Gajendra Yadav @ Gajendra Kumar S/o Chandradeo Yadav, R/o VillageSupi, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
17-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in relation to Makhdumpur P.S. Case No. 316/2017 registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that there is no specific allegation of assault against this petitioner. The injuriers on the head of the informant have been specifically attributed to accused Nagendra Yadav. It is submitted that both the parties are fighting over a land dispute and even though one of the parties claimed that there was a partition of about 20 years back, the land dispute still exists.
Patna High Court Cr.Misc. No.7234 of 2018 (2) dt.17-02-2018 On the other hand, learned Additional Public Prosecutor for the State submits that this petitioner had also participated in the alleged occurrence.
Considering the fact that there is no specific allegation of assault against this petitioner and the parties are own gotias who are fighting over a land dispute and there is no chance of tampering with the evidence as also the petitioner has no criminal antecedent, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad, in connection with Makhdumpur P.S. Case No. 316/2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Rajeev/- (Rajeev Ranjan Prasad, J.) U T