Arvind Yadav @ Arbind Yadab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31695 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Arvind Yadav @ Arbind Yadab Son Of Kameshwar Yadav Resident Of Village- Kusha , Kachauri, PS- Sherghati, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2023 Heard Mr. Javed Jafar Khan, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Sherghati P.S. Case No. 370 of 2022 registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 354(B), 379 of the Indian Penal Code.
3. Allegedly while the informant was measuring his land pursuant to the order of the Circle Officer, in the meanwhile, 34 named accused persons, armed with different weapons, came there and started abusing and assaulting. Six F.I.R. named accused persons, including the petitioner, assaulted one Komal Yadav by means of Iron rod due to which he sustained head injuries.
Patna High Court CR. MISC. No.31695 of 2023(2) dt.24-07-2023 2/3
4. Learned counsel appearing on behalf of the petitioner submits that from the F.I.R. it is evident that admittedly there is a land dispute between the parties and on account of bickering over the same, free fight has taken place resulting into institution of case and counter case, being Sherghati P.S. Case No. 371 of 2022, by the co-accused Bhuneshwar Yadav. Further submission has been made that the injuries, which are allegedly sustained to Komal Yadav, are found to be simple in nature.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that both the parties are Gotias and there is a counter version to the present occurrence and the injuries, as is evident from the impugned order, appears to be simple in nature, coupled with the fair antecedent of the petitioner, let the petitioner, named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order before the learned court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.31695 of 2023(2) dt.24-07-2023 3/3 Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 370 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Harish Kumar, J) uday/- U T