Ramanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4107 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -FULKAHA District- ARRARIA ====================================================== Ramanand Yadav Son of Late Hiralal Yadav Resident of Village - Achra, Police Station - Fulkaha in the district of Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 30-01-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 12.07.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 324, 323, 436, 379, 354, 307, 302, 120B of the Indian Penal Code, 27 of the Arms Act and 3(i) (iv) 3(2) (iii) (iv) (v) (vi) of SC/ST (Prevention of Atrocities) Act. In the background of serious land dispute the accused persons started ploughing forcibly the land of the informant and when the protest was made then Sri Narayan Singh,
Patna High Court Cr.Misc. No.4107 of 2015 (02) dt.30-01-2015 2/3 Dhrub Narayan Singh, Satish Singh, Shibu Singh, Bashishtha Singh, Brij Narayan Singh ordered to kill whereupon Guddu Singh and Subhash Yadav fired at Biren Ram, thereafter Subhash Yadav and Anant Singh shot at Anirudh Ram. Both the injured succumbed to the injuries. Though Anant Singh, Ram Kumar Singh and Anil Yadav shot at Chanardeo Ram causing serious injury. The house of the informant was robbed and bombs were hurled.
It is submitted by learned counsel for the petitioner that the accusation of overt act has not been alleged against this petitioner when Title Suit No. 147/08 was between the parties and considering the materials collected during investigation a co-ordinate Bench of this Court granted bail to Braj Nandan Singh, Astam Singh, Raman Singh, Balram Singh, Narayan Singh, Shibu Singh, Bashisht Narayan Singh, Sudam Singh @ Sudama Prasad, Shambhu Yadav and Chandra Kishore Singh vide Cr. Misc. Nos. 31633 of 2014, 31740 of 2014 and 31809 of 2014. Considering the fact that the petitioner is not the assailant and similarly situated co-accused persons have been granted bail, let the above named petitioner, 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 learned
Patna High Court Cr.Misc. No.4107 of 2015 (02) dt.30-01-2015 3/3 Judicial Magistrate, Ist Class, Araria in connection with Fulkaha P.S. Case No. 14 of 2014.
(Dinesh Kumar Singh, J) DKS/- U T