Chandrama Kumar @ Chandrama Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31528 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.
CHANDRAMA KUMAR @ CHANDRAMA YADAV Son of Subelal Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad. 2.
Dharmendra Kumar Son of Jai Narain Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad. 3.
Barkan Yadav @ Bijendra Yadav Son of Krishna Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad. 4.
Ramkripal Yadav Son of Muneshar Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
5.
Krishna Yadav Son of Muneshar Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
6.
Kewal Yadav Son of Ram Ishwar Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
7.
Ashok Yadav Son of Ram Ishwar Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
8.
JaiNarain Yadav Son of Indradeo Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
9.
Pujan Yadav Son of Indradeo Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
10.
Shardha Yadav Son of Munni Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
11.
Mindra Yadav Son of Raja Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
12.
Ranjeet Kumar Son of Ram Kripal Yadav Resident of Village - Karanibigha, P.S. - Parasbigha, Dist. - Jehanabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitya Nand Neeraj For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2021 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition with regard
Patna High Court CR. MISC. No.31528 of 2020(2) dt.22-01-2021 2/3 to petitioner no. 1, as during pendency of this case, petitioner no. 1 has already been arrested.
Prayer is allowed. The anticipatory bail petition with regard to petitioner no. 1 is dismissed as withdrawn having become infructous.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in Parasbigha P.S. Case No. 95 of 2020, registered for the offences punishable under Sections 307 and other allied sections of the Indian Penal Code.
Prosecution case in brief is that all the accused persons armed with lathi, danda, iron rod assaulted the informant and others and also snatched some ornaments. It is submitted on behalf of the petitioners that present case is counter blast of earlier case bearing Parasbigha P.S. Case No. 94 of 2020 filed by petitioner no. 4 against the informant and others. There is general and omnibus allegation. Both sides sustained injury. Five persons have also sustained injuries on the petitioners side. Admittedly, there is land dispute between the parties. Petitioners have got clean antecedent, as stated in para 3 of the petition.
Patna High Court CR. MISC. No.31528 of 2020(2) dt.22-01-2021 3/3 However, learned APP vehemently opposed the prayer for bail and submitted that there is direct and specific allegation of assault against petitioner nos. 2, 3, 4, 5, 6 and 7 causing grievous injuries to the informant and others. Considering the facts aforesaid, I am not inclined to enlarge the petitioner nos. 2, 3, 4, 5, 6 and 7 above-named on anticipatory bail. Accordingly, the same is rejected. So far as petitioner nos. 8, 9, 10, 11 and 12 there is general and omnibus allegation and having clean antecedent, petitioner nos. 8, 9, 10, 11 and 12 in the event of their arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No. 95 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.