Patna High CourtCR. MISC./33988/2024bail granted

Surendra Yadav v. The State Of Bihar

2024-05-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33988 of 2024 Arising Out of PS. Case No.-546 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.

Surendra Yadav S/O Late Mosafir Yadav R/O Village- Dabur Tola, Bishun Bigha, P.S. Konch, Dist- Gaya 2.

Ramesh Yadav @ Ramesh Kumar Son Of Surendra Yadav R/O VillageDabur Tola, Bishun Bigha, P.S. Konch, Dist- Gaya 3.

Kamlesh Kumar Son Of Surendra Yadav R/O Village- Dabur Tola, Bishun Bigha, P.S. Konch, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 447, 307, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date of occurrence, all the F.I.R. named accused persons including these petitioners were trying to erect boundary through bamboo in order to grab the land of the informant. Upon protest, the accused persons assaulted the son of the informant by pelting stone.

4. Learned counsel for the petitioners submit that assertion of right, title and possession of both the parties over the land in question led to altercation in which both sides sustained injury. There is case and counter case between them. Case lodged by the petitioner no. 1 is in early point of time.

Patna High Court CR. MISC. No.33988 of 2024(2) dt.23-05-2024 2/2

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let all the three petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Gaya in connection with Konch P.S. Case No. 546 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T