Dharmendra Kumar @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41074 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Dharmendra Kumar @ Dharmendra Yadav Son of Raja Ram Yadav Resident of Village - Bakthar, P.S.- Khizarsarai, Distt.- Gaya. 2.

Santosh Kumar @ Santosh Yadav Son of Late Raja Ram Yadav Resident of Village - Bakthar, P.S.- Khizarsarai, Distt.- Gaya. 3.

Sanjeet Kumar @ Sanjeet Yadav Son of Late Ramnandan Yadav Resident of Village - Bakthar, P.S.- Khizarsarai, Distt.- Gaya. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Syed Asgher Najmi, Advocate Mr. Alok Kumar, Advocate For the Opposite Party :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Khizarsarai P.S. Case No. 97 of 2020, disclosing offence punishable under Sections 341/323/379/308/427/504/34 of the Indian Penal Code. Later on section 302 was also added in this case.

It is evident from the F.I.R. that land dispute is the

Patna High Court CR. MISC. No.41074 of 2021(3) dt.05-01-2022 2/3 reason behind the alleged occurrence. There is general allegation against the petitioners and other persons named in the F.I.R. of having assaulted the family members of the informant. There is specific allegation against the co-accused Sanjay Yadav of having snatched informant's golden chain and against Santosh Yadav of having snatched a sum of Rs. 8,600/- from the informant's husband.

Learned counsel appearing on behalf of the petitioner has submitted that there is no specific allegation of assault against these petitioners. The accusation is apparently malicious, made because of the land dispute. He has also submitted that co-accused Indradeo Yadav has been allowed regular bail by this Court by an order dated 23.07.2021 passed in Cr. Misc. No. 81/2021.

On perusal of the F.I.R., in my opinion, the case of these petitioners cannot be distinguished from the case of Indradeo Yadav, who has been allowed regular bail by this Court.

Considering the above observations, this application is allowed. Let the petitioners, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount, each to the satisfaction of

Patna High Court CR. MISC. No.41074 of 2021(3) dt.05-01-2022 3/3 learned Additional Chief Judicial Magistrate, IV, Gaya in Khizarsarai P.S. Case No. 97 of 2020.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T