Rampravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32860 of 2019 Arising Out of PS. Case No.-422 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== RAMPRAVESH YADAV Son of Late Sukhu Yadav Resident of Village - Shaistabad, P.S.- Ghoshi, District- 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.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghoshi (Okari) P.S. Case No.422 of 2018 registered under Sections 147 and 436 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that in the night of 22/23.10.2018, the informant Mahesh Prasad was sleeping at his Dalan. In the meantime, he woke up to urinate, then he saw some persons talking to each other. In the moonlit night, he saw that Surendra Prasad set his house on fire by sprinkling kerosene oil, where Dinesh Yadav, Pintu Kumar, Mantu Kumar, Ram Pravesh Yadav (petitioner), Uday Yadav, Jageshwari Yadv, Mithilesh Paswan,

Patna High Court CR. MISC. No.32860 of 2019(2) dt.20-05-2019 2/3 Sarita Devi and Jairam Yadav, were also present there. The informant further claimed that in the night of 22.10.2018 at about 11.30 P.M., Sarita Devi was looking his house. On seeing his house burning, when the informant raised alarm, Mithilesh Paswan opened fire through his pistol at him but he saved. Thereafter, when the villagers gathered, all fled away. Learned counsel for the petitioner submits that the petitioner and the informant are gotiya and due to land dispute, the informant has falsely implicated the petitioner in this case. Moreover, it would appear from the F.I.R. that there is no specific allegation against the petitioner, rather the specific allegation is against Surendra Prasad to set the house of the informant on fire by sprinkling kerosene oil and is against Mithilesh Paswan to shot fire at the informant. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Jehanabad, in connection with Ghosi (Okari) P.S.

Patna High Court CR. MISC. No.32860 of 2019(2) dt.20-05-2019 3/3 Case No.422 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T