Rama Shankar Singh Yadav @ Rama Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52395 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Rama Shankar Singh Yadav @ Rama Shankar Singh, Son of Late Haribansh Yadav @ Hariban Singh, Resident of Village- Sarangpur, P.S.- Bhabua, District- Kaimur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the State : Mr. Nityanand Tewary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 506, 379, 34 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner is that despite of prevention order u/S 144 Cr. P.C., he forcibly started construction over the disputed land and brutally injured the informant by iron blow with the assistance of other co-accused and also fired. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. So far allegation of firing against the

Patna High Court Cr.Misc. No.52395 of 2018 (2) dt.10-09-2018 petitioner, none is said to have been injured in course of occurrence. General and omnibus allegation has been made against the petitioner. The main allegation is against co-accused Komal Singh Yadav for committing theft of mobile and golden chain belonging to the informant.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 212 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T