Rampravesh Yadav @ Rampravesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45609 of 2021 Arising Out of PS. Case No.-287 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== RAMPRAVESH YADAV @ RAMPRAVESH PRASAD YADAV S/o Asman Yadav @ Asman Rai @ Asman Ray R/o Village Bahani Tola, P.S. - Majhauliya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP For the Informant :

Mr.Ashok Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons have abused and brutally assaulted the

Patna High Court CR. MISC. No.45609 of 2021(2) dt.18-04-2022 2/3 informant and his son.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity and village politics. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. In the alleged occurrence, both sides have sustained injuries and there is a case and counter-case between the parties. The specific allegation is against one Rameshwar Sah of assaulting by means of Farsa on the head of the informant and other persons are alleged to have assaulted by sticks and as per the injury report, the injury on the head of the informant is grievous in nature while other injuries are simple in nature. Petitioner has one criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.45609 of 2021(2) dt.18-04-2022 3/3 period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhauliya P.S. Case No.287 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T