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Patna High CourtCR. MISC./30820/2019bail granted

Nand Lal Yadav @ Nand Lal Singh v. The State Of Bihar

2019-07-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30820 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== 1.

Nand Lal Yadav @ Nand Lal Singh Son of Kalaktar Yadav Resident of Village - Kayash Bahuara, P.S.- Karakat, Dist.- Rohtas. 2.

Mainegar Singh @ Manager Singh Son of Dukh Dewan Singh Resident of Village - Kayash Bahuara, P.S.- Karakat, Dist.- Rohtas. 3.

Deaputy Singh Son of Dukh Dewan Singh Resident of Village - Kayash Bahuara, P.S.- Karakat, Dist.- Rohtas.

4.

Kalaktar Singh Son of Dukh Dewan Singh Resident of Village - Kayash Bahuara, P.S.- Karakat, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Apprehending their arrest in connection with Karakat P.S.Case No.13 of 2019 registered for the offence under Sections 147, 149, 448, 341, 323, 307 and 504 of the Indian Penal Code the petitioners have preferred this application for anticipatory bail.

As per the allegation in the F.I.R., the accused persons including the petitioners herein came at the door of the

Patna High Court CR. MISC. No.30820 of 2019(2) dt.24-07-2019 2/3 informant, variously armed with danda, rod etc., and assaulted the informant and others. It is alleged that Sanjay Singh assaulted the informant's brother with a rod causing injury on his head as a result of which he fell down unconscious. He was taken for treatment to the Sadar Hospital.

It is submitted by learned counsel for the petitioners that the allegations are general and omnibus in nature. The aforesaid Sanjay Singh is not the petitioner in this application. Admittedly, there is land dispute between the petitioners and the informant due to which the petitioners have been falsely implicated in this case.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, specially that the allegation of assault by a rod on the head of the informant's brother is against Sanjay Singh and not the petitioners herein, the Court is inclined to enlarge the petitioners on bail. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Bikram Ganj, Rohtas, in Karakat P.S. Case No.13 of 2019 subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.30820 of 2019(2) dt.24-07-2019 3/3 438 (2) of Cr.P.C.

(Partha Sarthy, J) aks/- U