Jitendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.34611 of 2018 (2) dt.02-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34611 of 2018 Arising Out of PS.Case No. -255 Year- 2018 Thana -BODHGAYA District- GAYA ======================================================

1. Jitendra Yadav, Son of Leela Yadav, a permanent resident of VillageGangti, P.S.- Barachatti, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajni Kant Jha For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.

The petitioner apprehends his arrest in Bodh Gaya P.S. Case No.255 of 2018 registered under Sections 341, 323, 447, 504, 354/34 of the Indian Penal Code.

The informant named the petitioner and other accused persons and alleged that they having armed with different weapons assaulted the informant and others.

The learned counsel for the petitioner submits that petitioner is alleged to have assaulted the informant with lathi on his hand but no injury was found. True facts are that the petitioner purchased a piece of land situated by the side of the house of the informant. The informant wanted to grab that land and he does not want that the petitioner should construct the house on the land that

Patna High Court Cr.Misc. No.34611 of 2018 (2) dt.02-07-2018 is why a false case has been lodged.

It appears from perusal of the F.I.R. itself that the informant alleged that the petitioner wanted to make illegal construction on a land situated by the side of the house of the informant and that is why occurrence took place. There appears no serious injuries on the persons of the informant and others. Taking into consideration the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No.255 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T