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Patna High CourtCR. MISC./12498/2016disposed

Umesh Yadav And ANR v. The State Of Bihar

2016-03-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12498 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -BUDHUCHAK District- BHAGALPUR ======================================================

1. Umesh Yadav,

2. Amit Kumar Yadav alias Amit Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341,324, 323/34 and 504 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that on 28.1.2015 at 4.20 P.M. when the informant went to his field then he found that the FIR named accused were cutting the ridge of the land of the informant. On protest being made the petitioners assaulted the informant.

It is submitted by the learned counsel for the petitioners that the accusation has been levelled in the background

Patna High Court Cr.Misc. No.12498 of 2016 (2) dt.16-03-2016 2/2 of land dispute when at earlier point of time the case was lodged in Gram Kachahari against the informant side. From the impugned order, it is apparent that one of the injuries has been found to be grievous.

Considering the genesis of the occurrence, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Budhuchak P.S. Case No. 28 of 2015 pending in the court of learned CJM, Bhagalpur. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T